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HEINSON v. PORTER

No. 62,246

244 Kan. 667 (1989)

772 P.2d 778

MICHAEL ALLEN HEINSON, Plaintiff-Appellee, v. PATTI PORTER, Defendant, and METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Garnishee-Appellant. Consolidated with: METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Plaintiff, v. PATTI PORTER, Defendant.

Supreme Court of Kansas.

Opinion filed April 14, 1989.

Attorney(s) appearing for the Case

Donald T. McMillan, of Rivkin, Radler, Dunne & Bayh, of Uniondale, New York, argued the cause, and David R. Schlee and Michele Anderson Bonhag, of Smith, Gill, Fisher & Butts, of Kansas City, Missouri, and Jerome V. Bales, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, were with him on the briefs for garnishee-appellant.

Donald W. Vasos, of Vasos, Kugler & Dickerson, of Kansas City, argued the cause, and Stephen G. Dickerson, of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the garnishee, Metropolitan Property and Liability Insurance Company (Metropolitan), from a summary judgment entered in favor of plaintiff-garnishor Michael Allen Heinson in the amount of $500,000. Liability arises from a $100,000 homeowner's policy issued by Metropolitan to defendant Patti Porter.

The facts underlying this litigation...

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