OBSTETRICS & GYNECOLOGY LTD. v. BUCKNER

No. 63,968

247 Kan. 170 (1990)

795 P.2d 386

OBSTETRICS & GYNECOLOGY LIMITED OF KANSAS CITY, INC., a Missouri Professional Corporation, Formerly Known as Knock, Buckner, Youngblood, Bickley & Zeller, Inc., a Missouri Professional Corporation, Appellee, and ST. PAUL FIRE AND MARINE COMPANY, a Minnesota Corporation, Appellee/Cross-Appellant, v. ROBERT C. BUCKNER, M.D., Defendant, and FLETCHER BELL, Commissioner of Insurance for the State of Kansas, Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed July 13, 1990.


Attorney(s) appearing for the Case

Thomas V. Murray, of Barber, Emerson, Springer, Zinn & Murray, of Lawrence, argued the cause and was on the briefs for appellant/cross-appellee Fletcher Bell.

Thomas D. Billam, of Wallace, Saunders, Austin, Brown, and Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellee/cross-appellant St. Paul Fire and Marine Company.


The opinion of the court was delivered by

McFARLAND, J.:

St. Paul Fire and Marine Company (St. Paul) paid $600,000 to settle a medical malpractice action in which two of its insureds, Dr. Robert Buckner and Obstetrics & Gynecology Limited of Kansas City, Inc., (Corporation) were named defendants. Through this action, St. Paul is seeking to recoup $500,000 of the settlement from the Kansas Health Care Stabilization...

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