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THOMAS v. BENCHMARK INS. CO.

No. 95,202.

179 P.3d 421 (2008)

Rene THOMAS, as Parent and Natural Guardian of Juliana Sanchez and Viviana Sanchez, Minors and Heirs at Law of Ramon Sanchez; and Victor Reyes, Appellees, v. BENCHMARK INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

March 28, 2008.

Attorney(s) appearing for the Case

J. Franklin Hummer, of Shawnee Mission, argued the cause and was on the brief for appellant.

Mark Beam-Ward, of Hill, Beam-Ward, Kruse, & Wilson, LLC of Overland Park, argued the cause and was on the brief for appellees.

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

This case concerns a dispute about automobile liability insurance. While fleeing police, Melissa Gutierrez lost control of the car she was driving at a high rate of speed, killing her and passenger Ramon Sanchez and injuring passenger Victor Reyes. In a declaratory judgment action, Reyes and Rene Thomas, as parent and natural guardian of minors and heirs at law of Sanchez, sought a ruling that Gutierrez' Benchmark...

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