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ST. PAUL SURPLUS LINES INS. CO v. INTERNATIONAL PLAYTEX

No. 62,795

245 Kan. 258 (1989)

777 P.2d 1259

ST. PAUL SURPLUS LINES INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, INTERNATIONAL INSURANCE COMPANY, GRANITE STATE INSURANCE COMPANY, and AIU INSURANCE COMPANY, Appellees, v. INTERNATIONAL PLAYTEX, INC., and PLAYTEX FAMILY PRODUCTS, INC., Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1989.

Attorney(s) appearing for the Case

Robert L. Howard, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Stephen M. Kerwick, of the same firm, and William J. McSherry, Jr., of Bryan, Cave, McPheters & McRoberts, of New York, New York, were with him on the briefs for appellant.

Philip L. Bowman, of Adams, Jones, Robinson and Malone, Chartered, of Wichita, argued the cause, and Laura L. Ice, of the same firm, and Thomas P. Kane, Edward M. Laine, Bethany K. Culp, and Jonathon C. Bloomberg, of Oppenheimer Wolff & Donnelly, of Saint Paul, Minnesota, were with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

Defendants, International Playtex, Inc., and its successor in interest, Playtex Family Products, Inc., (referred to jointly as Playtex) appeal the trial court's holding that the public policy of the State of Kansas, as a matter of law, precludes Playtex from recovering $10,000,000 from its excess insurers, the plaintiffs herein. The judgment of $10,000,000 represents the amount of punitive damages assessed...

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