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NUNGESSER v. BRYANT

Nos. 94,176, 94,888.

153 P.3d 1277 (2007)

Jimmy L. NUNGESSER, Plaintiff/Appellee, v. Josh M. BRYANT, Defendant/Thirdparty Plaintiff/Appellee, v. EMCASCO Insurance Company, Third-party Defendant/Appellant.

Supreme Court of Kansas.

March 23, 2007.

Attorney(s) appearing for the Case

Teresa L. Watson, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and Steve R. Fabert, of the same firm, was with her on the briefs for appellant.

Jacob S. Graybill, of Graybill & Hazlewood, L.L.C., of Wichita, argued the cause, and N. Russell Hazlewood, of the same firm, was on the brief for plaintiff/appellee.

Jeffery L. Carmichael, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Wichita, argued the cause and was on the brief for third-party plaintiff/appellee.

The opinion of the court was delivered by BEIER, J.:

This case arises out of an auto accident in which plaintiff Jimmy L. Nungesser was seriously injured. It requires us to consider whether Kansas law permitted defendant Josh M. Bryant to pursue an action alleging negligent or bad faith failure to settle by his insurer, EMCASCO Insurance Company (EMCASCO), before his liability on Nungesser's personal injury claim had been established.

The district court permitted...

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