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BICHELMEYER MEATS v. ATLANTIC INS. CO.

No. 85,233

30 Kan. App.2d 458 (2001)

42 P.3d 1191

BICHELMEYER MEATS, Appellant, v. ATLANTIC INSURANCE COMPANY, MARINO & WOLF, INC., and WILLIAM LINDQUIST, SR., and JACK LINDQUIST, d/b/a WILLIAM LINDQUIST AND SONS, Appellees.

Court of Appeals of Kansas.

Opinion filed June 15, 2001.

Attorney(s) appearing for the Case

Shawn E. DeGraff, of Shawnee, for the appellant.

MaLiz Shafer, of Blackwell, Sanders, Peper, Martin, L.L.P., of Kansas City, Missouri, for appellee Atlantic Insurance Company.

J. Franklin Hummer, of Davis, Unrein, Hummer, McCallister, Biggs & Head, L.L.P., of Topeka, for appellees Marino & Wolf, Inc., and William Lindquist, Sr., and Jack Lindquist, d/b/a William Lindquist and Sons.

Before LEWIS, P.J., ELLIOTT, J., and DAVID W. KENNEDY, District Judge, assigned.

LEWIS, J.:

Bichelmeyer Meats is a retail establishment which was operated by John Bichelmeyer from 1954 to 1975. In 1975, John's sons, James and Joseph Bichelmeyer, took over the business and formed Bichelmeyer Meats, a corporation. In 1995, a fire destroyed their retail meat operation. The company had insurance and ultimately settled with the insurance company for around $349,000 in proceeds. The corporation, however, determined it was underinsured and that this...

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