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FARMERS ALLIANCE MUT. INS. CO. v. GARCIA

No. 91,560.

33 Kan.App. 2d 90 (2004)

97 P.3d 501

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Appellant, v. DAMIAN GARCIA and EAGLE INSURANCE COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed September 17, 2004.

Attorney(s) appearing for the Case

Timothy J. Finnerty and Troy T. Dinges, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Wichita, for appellant.

John Sherman, of Sherman, Hoffman & Hipp, LC, of Ellsworth, for appellee Eagle Insurance Company.

Before RULON, C.J., ELLIOTT, J., and WAHL, S.J.

Petition for review denied 278 Kan. 844 (2005).

RULON, C.J.:

This is an action on an insurance contract to recover personal injury protection (PIP) benefits and to recover statutory prejudgment interest and attorney fees. Plaintiff Farmers Alliance Mutual Insurance Company (Farmers), as servicing carrier for the Kansas Automobile Assigned Claims Plan (KAACP or the Plan), requested summary judgment against defendant Eagle Insurance...

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