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HEPHNER v. TRADERS INS. CO.

No. 68,875

18 Kan. App. 2d 344 (1993)

852 P.2d 520

TIPHANI J. HEPHNER, a minor, by and through her father and next friend, CLAUDE R. HEPHNER, Appellee, v. TRADERS INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed May 21, 1993.

Attorney(s) appearing for the Case

William A. Vickery and Kevin M. McMaster, of McMaster & McMaster, of Wichita, for appellant.

Clay Cox, of Wichita, for appellee.

Before ELLIOTT, P.J., LARSON, J., and DANIEL L. LOVE, District Judge, assigned.

Rev'd 254 Kan. 226, 864 P.2d 674 (1993).

ELLIOTT, J.:

Traders Insurance Company (Traders) appeals the trial court's award of substitution benefits under its insurance policy and the trial court's award of attorney fees. We reverse.

The facts are essentially undisputed. Tisha Hephner was killed in an auto accident, leaving daughter Tiphani as her sole heir. Tisha's parents, Claude and...

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