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HOLMES v. HOWARD

No. 97-1369-JTM.

8 F.Supp.2d 1269 (1998)

Margaret E. HOLMES, Plaintiff, v. Carolyn J. HOWARD, Defendant.

United States District Court, D. Kansas.

June 23, 1998.

Attorney(s) appearing for the Case

Randall E. Fisher, Wichita, KS, for Plaintiff.

David E. Rogers, Foulston & Siefkin L.L.P., Wichita, KS, Craig Kennedy, Johnson, Kennedy, Dahl & Willis, Wichita, KS, for Defendant.

MEMORANDUM ORDER

MARTEN, District Judge.

Margaret Holmes sued Carolyn Howard after the two were involved in an automobile accident. Holmes moves for summary judgment on liability, contending that Howard's insurance company waived the comparative fault defense. Howard argues that under the facts of this case, her insurance company's conduct cannot operate as a waiver of the comparative fault defense.

The court finds a hearing on this motion...

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