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FARM BUREAU MUT. INS. CO. v. CARMODY

No. 89,365.

32 Kan.App. 2d 754 (2004)

88 P.3d 1250

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Plaintiff/Appellant, v. RICHARD A. CARMODY, OERKE FARMS, MARVIN OERKE, SHIRLEY OERKE, NORTHLAND INSURANCE COMAPNY, PATRICIA FOREHAND, PATRICIA FOREHAND as conservator of the Estate of Steven E. Forehand, and STEVEN E. FOREHAND, Defendants, and ROGER JOHNSON and HERSHEWE & GULICK, P.C., Defendants/Appellees.

Court of Appeals of Kansas.

Opinion filed May 7, 2004.

Attorney(s) appearing for the Case

Paul Hasty, Jr. and Merry M. Campbell-Tucker, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.

Daniel F. Church, Byron A. Bowles, and G. Stuart Englebert, of McAnany, Van Cleave & Phillips, P.A., of Roeland Park, for appellees Roger Johnson and Hershewe & Gulick, P.C.

Before JOHNSON, P.J., MARQUARDT and GREENE, JJ.

JOHNSON, J.:

Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) appeals the summary judgment granted to defendants Johnson and Hershewe & Gulick, P.C. (hereafter collectively referred to as "Johnson"). Farm Bureau complains that the district court incorrectly ruled that it could not sue Johnson for conversion based upon Johnson's settling of his client's personal injury action against the tortfeasor and distributing the settlement proceeds without paying...

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