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WILSON v. RAMIREZ

No. 82,463.

269 Kan. 371 (2000)

2 P.3d 778

MICHAEL R. WILSON, Appellant, v. AUGUSTO RAMIREZ, M.D., Defendant, and KANSAS MEDICAL MUTUAL INSURANCE COMPANY AND KANSAS HEALTH CARE STABILIZATION FUND, Appellees.

Supreme Court of Kansas.

Opinion filed June 2, 2000.

Attorney(s) appearing for the Case

Carlton W. Kennard, of Spigarelli, McLane & Short, of Pittsburg, argued the cause, and Fred Spigarelli, of the same firm, was with him on the brief for appellant.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Anne M. Kindling, of the same firm, was with him on the brief for appellees Kansas Medical Mutual Insurance Company and Kansas Health Care Stabilization Fund.

The opinion of the court was delivered by

SIX, J.:

This declaratory judgment action questions the amount of insurance coverage available to insure Dr. Augusto Ramirez for professional negligence. The insurance providers are defendants Kansas Medical Mutual Insurance Company (KaMMCO) and the Kansas Health Care Stabilization Fund (the Fund). The case arises out of the medical treatment of plaintiff Michael R. Wilson. In an underlying failure to diagnose/loss...

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