HAAS v. FREEMAN

No. 56,896

236 Kan. 677 (1985)

693 P.2d 1199

HARLAN A. HAAS, Appellant, v. MARK S. FREEMAN and HORACE MANN INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1985.


Attorney(s) appearing for the Case

Richard T. Merker, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and was on the briefs for the appellant Harlan A. Haas.

Edward M. Boyle, of Payne & Jones, Chartered, of Olathe, argued the cause and Bruce Keplinger, of the same firm, was with him on the brief for appellee Mark S. Freeman.

Mark Beam-Ward, of Couch, Strausbaugh & Pierce, Chartered, of Overland Park, argued the cause and Hal Pierce, of the same firm, was with him on the brief for the cross-appellant Horace Mann Insurance Company.

Fletcher Bell, Commissioner of Insurance, Kansas Insurance Department, and Pamela Sjoholm, special assistant attorney general, Kansas Insurance Department, were on the brief amicus curiae.


The opinion of the court was delivered by

HERD, J.:

This is an interlocutory appeal in a tort action arising out of an automobile accident between Harlan A. Haas, plaintiff-appellant, and Mark S. Freeman, defendant-appellee. Horace Mann Insurance Company, appellant's insurer, was joined as a party defendant under the underinsured motorist provision of K.S.A. 40-284. The trial court dismissed the insurance company to prevent the potential jury prejudice of...

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