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VARNER v. GULF INS. CO.

No. 69,093

18 Kan. App. 2d 801 (1993)

859 P.2d 414

EUGENE L. VARNER, Appellant, v. GULF INSURANCE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed September 24, 1993.

Attorney(s) appearing for the Case

Robert A. Levy, of Garden City, for the appellant.

Tamara L. Davis and Michael T. Harris, of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, for the appellee.

Before BRISCOE, C.J., ROYSE, J., and WILLIAM F. LYLE, JR., District Judge, assigned.

BRISCOE, C.J.:

This is a workers compensation subrogation case arising out of an accident that occurred when a semi-tractor trailer driven by Eugene L. Varner collided with a vehicle driven by Walter B. Giessel.

Varner brought suit against Giessel and settled for $100,000, the limit of Giessel's automobile liability insurance policy. This amount was paid into court because, pursuant to K.S.A. 1992 Supp. 44-504, Varner's employer's workers compensation insurer...

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