MARSHALL v. KANSAS MED. MUT. INS. CO.

No. 88,366.

276 Kan. 97 (2003)

73 P.3d 120

GEORGE W. MARSHALL, M.D., and KRISTI J. WEISS and MARK G. WEISS, Individually and as the Natural Parents and Next Friends of JOSEPH C. WEISS, Appellees, v. KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 2003.


Attorney(s) appearing for the Case

Curtis O. Roggow, of Sanders Conkright & Warren, LLP, of Kansas City, Missouri, argued the cause, and Roger W. Warren, of the same firm, was with him on the briefs for appellant.

Victor A. Bergman, of Shamberg, Johnson & Bergman, Chtd., of Kansas City, Missouri, argued the cause, and Anne E. Popper, of the same firm, and Michael D. Strohbehn and Kip D. Richards, of Walters, Bender, Strohbehn & Vaughn, P.C., of Kansas City, Missouri, were with him on the brief for appellees.

Steve A. Schwarm, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, was on the brief for amicus curiae Kansas Health Care Stabilization Fund.


The opinion of the court was delivered by

GERNON, J.:

This appeal by the Kansas Medical Mutual Insurance Company (KaMMCO) challenges the district court's interpretation of a professional liability (medical malpractice) insurance policy.

Collateral issues involve: (1) Interpretation of the Kansas Health Care Provider Insurance Act (HCPIA), K.S.A. 40-3401 et seq.; (2) whether the excess limits liability coverage here violates public policy; (3...

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