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EXPLORATION PLACE, INC. v. MIDWEST DRYWALL CO., INC.

No. 91,025

277 Kan. 898 (2004)

89 P.3d 536

EXPLORATION PLACE, INC., DONDLINGER & SONS CONSTRUCTION CO., INC., Plaintiffs, and TRAVELERS INSURANCE COMPANY, Plaintiff/Appellant, v. MIDWEST DRYWALL CO., INC., Defendant/Appellee.

Supreme Court of Kansas

Opinion filed May 14, 2004.

Attorney(s) appearing for the Case

Stephen M. Kerwick, of Foulston Siefkin, LLP, of Wichita, argued the cause, and Lew M. Harstead, of Neuens & Associates, of Greenwood Village, Colorado, was with him on the brief for appellant.

Kelly S. Kerzik, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause and was on the brief for appellee.

The opinion was delivered by

LUCKERT, J.:

This case involves interpretation and application of the Kansas Insurance Guaranty Association Act, K.S.A. 40-2901 et seq. (Guaranty Act). The district court ruled that the Guaranty Act barred all subrogation claims. Appellant argues that the Act bars only those subrogation claims that would have been covered by the tortfeasor's insolvent insurer.

This action was brought by Exploration Place, Inc. (EPI...

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