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BARTEE v. R.T.C. TRANSPORTATION, INC.

No. 63,061

245 Kan. 499 (1989)

781 P.2d 1084

MARY BARTEE, as Mother and Natural Guardian of JENNIFER BARTEE, a Minor; MARK MOHAN, as Father and Natural Guardian of JANINE M. MOHAN, a Minor; and RICHARD L. MORANZ, Plaintiffs-Appellees, v. R.T.C. TRANSPORTATION, INC., KEITH PACHIANO, and CARRIER INSURANCE COMPANY, Defendants-Appellees, v. KANSAS FIRE & CASUALTY COMPANY, Intervenor-Appellant.

Supreme Court of Kansas.

Opinion filed October 27, 1989.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Larry G. Pepperdine, of the same firm, was with him on the briefs for intervenor-appellant.

Jerry R. Palmer, of Palmer, Marquardt & Snyder, of Topeka, argued the cause and was on the brief for plaintiffs-appellees.

Stephen W. Cavanaugh, of Fisher, Heck & Cavanaugh, P.A., of Topeka, argued the cause and was on the brief for defendants-appellees.

Pamela Scott, special assistant attorney general, and Timothy G. Elliott, of Kansas Insurance Department, of Topeka, were on the brief amicus curiae for Fletcher Bell, Commissioner of Insurance.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Kansas Fire & Casualty Company (Kansas Fire & Casualty), as intervenor, appeals the decision of the district court awarding damages in three consolidated cases to plaintiffs claiming uninsured motorist benefits. Kansas Fire & Casualty denied coverage, but the district court found coverage as a matter of law. The court tried fault and damage issues...

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