MILLER v. SLOAN, LISTROM, EISENBARTH, SLOAN & GLASSMAN

No. 80,116.

267 Kan. 245 (1999)

978 P.2d 922

STEPHEN A. MILLER, D.O., Appellant/Cross-appellee, v. SLOAN, LISTROM, EISENBARTH, SLOAN AND GLASSMAN, A Kansas Partnership; THOMAS L. THEIS; DERENDA J. MITCHELL, Appellees/ Cross-appellants; ST. PAUL FIRE & MARINE INSURANCE COMPANY, A Minnesota Corporation; THE STATE OF KANSAS; KANSAS HEALTH CARE STABILIZATION FUND; ROBERT HAYES, Executive Director of Kansas Health Care Stabilization Fund; and KATHLEEN SEBELIUS, in her official capacity as Commissioner of Insurance, Appellees.

Supreme Court of Kansas.

Opinion filed April 23, 1999.


Attorney(s) appearing for the Case

Stephen W. Brown, of Megaffin, Brown & Lynch, Chtd., of Pratt, argued the cause, and Gene E. Schroer, of Schroer, Rice, P.A., of Topeka, was with him on the briefs for appellant/cross-appellee.

Steve A. Schwarm, special assistant attorney general, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Wayne T. Stratton, of the same firm, was with him on the brief for appellees State of Kansas, Health Care Stabilization Fund, and Robert Hayes.

Paul W. Rebein, of Shook, Hardy & Bacon, L.L.P., of Overland Park, argued the cause, and Kenneth J. Reilly, of the same firm, was with him on the brief for appellee St. Paul Fire & Marine Insurance Company.

Hal D. Meltzer, of Turner and Boisseau, Chartered, of Overland Park, argued the cause, and Gabrielle Rhodes and Gregory N. Pottorff, of the same firm, were with him on the briefs for appellees/cross-appellants Sloan, Listrom, Eisenbarth, Sloan & Glassman, Thomas L. Theis, and Derenda J. Mitchell.

Damian C. Hornick, of Kansas Insurance Department, was on the brief for appellee Kathleen Sebelius, in her official capacity as Commissioner of Insurance.

Joseph R. Colantuono, of Wehrman & Colantuono, of Leawood, and Joshua L. Prober and Rachel M. Krug, of McCullough, Campbell & Lane, of Chicago, appeared on the amici curiae brief for the American Osteopathic Association and Kansas Association of Osteopathic Medicine.


The opinion of the court was delivered by

LOCKETT, J.:

Physician, who was alleged to have committed medical malpractice, filed an action against his malpractice insurer, the health care stabilization fund, and his attorneys and the attorneys' firm retained by the insurer to represent him. Physician claimed that the defendants had in bad faith settled the malpractice claim against him without informing him or obtaining his consent to the settlement. The district...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases