ELLIS BY AND THROUGH ELLIS v. BLAICH

No. 92-1427-PFK.

837 F.Supp. 1101 (1993)

Jessica ELLIS, By and Through Her Mother and Next Friend, Tonya ELLIS, Plaintiff, v. Pat E. BLAICH, Defendant.

United States District Court, D. Kansas.

November 2, 1993.


Attorney(s) appearing for the Case

Steven M. Roth, of Dickson & Pope, P.A., Topeka, KS, for plaintiff.

Vince P. Wheeler, of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, for defendant.

Timothy Finnerty and Susan G. Saidian, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, KS, for intervenors.


MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

The question immediately before the court is whether the plaintiff's insurance carrier, Business Men's Assurance Company of America (BMA), has the right to intervene to recover the costs of medical expenses it paid as a result of the dog attack. Under the insurance policy issued by BMA which covers plaintiff Jessica Ellis, if a person covered under the policy "recovers money for medical expenses...

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