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LOUCKS v. GALLAGHER WOODSMALL, INC.

No. 85,980.

272 Kan. 710 (2001)

35 P.3d 782

PAUL LOUCKS, Plaintiff/Appellee, v. GALLAGHER WOODSMALL, INC., and KANSAS AUTO DEALERS WORKERS' COMPENSATION FUND, Defendants/Appellants. FARM BUREAU MUTUAL COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 2001.

Attorney(s) appearing for the Case

Stephen L. Brave, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause, and Alan D. Herman, of the same firm, and Patrick R. Barnes, of Scott, Quinlan, Willard and Barnes, L.L.C., of Topeka, were with him on the briefs for appellants.

Gerald W. Scott, of Wichita, argued the cause and was on the brief for appellee Loucks.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enoch, Chtd., of Overland Park, argued the cause and was on the brief for appellee Farm Bureau Mutual Insurance Company, Inc.

The opinion of the court was delivered by

SIX, J.:

This case considers the interplay between a K.S.A. 44-504(b) workers compensation subrogation lien and a K.S.A. 40-284(f) underinsured motorist (UIM) substitute payment. The defendants, Gallagher Woodsmall, Inc. (Gallagher) and the Kansas Auto Dealers Workers Compensation Fund (the Fund), paid workers compensation benefits to Paul Loucks, plaintiff, who was injured in the course of his employment. The question...

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