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BROWN v. USAA CAS. INS. CO.

No. 67,534

17 Kan. App. 2d 547 (1992)

840 P.2d 1203

KIMBERLY BROWN, Appellee, v. USAA CASUALTY INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Petition for review denied December 28, 1992.

Attorney(s) appearing for the Case

Arthur S. Chalmers, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellant.

Gerald W. Scott, of Gerald W. Scott, P.A., of Wichita, for appellee.

Before LEWIS, P.J., BRAZIL and ELLIOTT, JJ.

Petition for review denied 252 Kan. ___ (December 28, 1992).

BRAZIL, J.:

This is an interlocutory appeal brought by USAA Casualty Insurance Co. (USAA) from the court's order denying its motion for summary judgment and refusing to enforce an "exhaustion clause" in USAA's policy. We affirm and remand for further proceedings.

Kimberly Brown originally brought this action against Timothy S. Bernard, alleging that Bernard's negligence caused her injuries...

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