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HUDGENS v. CNA/CONTINENTAL CAS. CO.

No. 68,483

252 Kan. 478 (1993)

845 P.2d 694

MARY KAY HUDGENS, Appellee, v. CNA/CONTINENTAL CASUALTY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1993.

Attorney(s) appearing for the Case

Greer Gsell, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause and was on the briefs for appellant.

M. William Syrios, of Post, Syrios & Kinch, of Wichita, argued the cause and was on the brief for appellee.

Wayne T. Stratton of Goodell, Stratton, Edmonds & Palmer, of Topeka, was on the brief for amicus curiae The Kansas Health Care Stabilization Fund.

The opinion of the court was delivered by

HERD, J.:

This is an action against an insurance company for interest arising out of the delayed payment of a settlement agreement. Pursuant to K.S.A. 1991 Supp. 40-2,126, the district court ordered CNA/Continental Casualty Company (CNA) to pay Mary Kay Hudgens $7,957.59 in interest. We reverse.

On February 8, 1990, Hudgens brought a medical malpractice suit against Stephanie F. Nellis, M.D., Joseph R. Miranda...

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