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BALL v. MIDWESTERN INS. CO.

No. 66,859

250 Kan. 738 (1992)

829 P.2d 897

ASHLEY BALL, by and through her father and next friend, JOSEPH BALL, Appellee, v. MIDWESTERN INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1992.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Rodney K. Murrow and F. Russell Peterson, of the same firm, were with him on the briefs for appellant.

John M. Parisi, of Shamberg, Johnson, Bergman & Morris, Chartered, of Overland Park; argued the cause, and Victor A. Bergman, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

Ashley Ball, an infant passenger, was injured when the car owned and driven by her mother was hit by a train. Ashley, through her father Joseph Ball, sought uninsured motorist benefits under a policy issued to her mother by Midwestern Insurance Company on another vehicle. When Midwestern denied coverage, Ball filed this declaratory judgment action. The district court granted Ball's motion for summary judgment...

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