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GUARDIAN TITLE CO. v. BELL

No. 64936.

805 P.2d 33 (1991)

248 Kan. 146

GUARDIAN TITLE COMPANY and Wichita Title Associates, Inc., Appellees, v. W. Fletcher BELL, as Commissioner of Insurance of the State of Kansas, Appellant.

Supreme Court of Kansas.

January 18, 1991.

Attorney(s) appearing for the Case

Louis F. Eisenbarth, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, argued the cause, and Derenda J. Mitchell and Jeffrey W. Jones, of the same firm, and Timothy G. Elliott, Sp. Asst. Atty. Gen., Kansas Ins. Dept., were with him on the briefs, for appellant.

Phillip A. Miller, of Watson, Ess, Marshall & Enggas, Olathe, argued the cause, and Steven B. Moore, of the same firm, was with him on the brief, for appellees.

Thomas D. Kitch and David G. Seely, of Fleeson, Gooing, Coulson & Kitch, Wichita, were on the brief, for amicus curiae Kansas Ass'n of Realtors.

Donald Patterson and Steve R. Fabert of Fisher, Patterson, Sayler & Smith, Topeka, were on the brief, for amicus curiae Kansas Land Title Ass'n.

ABBOTT, Justice:

This is a title insurance law case in which the trial court held K.S.A.1989 Supp. 40-2404b(14)(f) and (g) unconstitutional.

Section 2404b prohibits unfair methods of competition and deceptive acts or practices in the insurance industry. In 1989 House Bill No. 2502 added subparagraphs (e), (f), and (g) to subsection 14 of K.S.A. 40-2404b. Subparagraph (e) was not challenged, but needs to be considered in determining whether (f) and (g) are...

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