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SAFECO INS. CO. OF AMERICA v. ALLEN

No. 77,910.

262 Kan. 811 (1997)

941 P.2d 1365

SAFECO INSURANCE COMPANY OF AMERICA, Appellant, v. TERRY v. ALLEN, Lou ACCURSO, and ROBERT SCHROEDER, Appellees.

Supreme Court of Kansas.

Opinion filed July 11, 1997.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and Chad K. Gillam, of the same firm, was with him on the briefs for appellant.

Charles H. McKenzie, of The Accurso Law Firm, P.C., of Kansas City, Missouri, argued the cause, and Frederick J. Ernst, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an action by Safeco Insurance Company of America (Safeco) against its insured, Terry Allen, and Lou Accurso, the attorney who represented Allen in a personal injury claim, and the attorney's assistant, Robert Schroeder, alleging that they failed to protect Safeco's subrogation interest. Allen was injured in an automobile accident that occurred in Kansas. The district court dismissed the claims...

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