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FOSTER v. STONEBRIDGE LIFE INS. CO.

No. 106,721.

327 P.3d 1014 (2012)

50 Kan.App. 2d 1

Tina D. FOSTER, Appellee, v. STONEBRIDGE LIFE INS. COMPANY, Appellant.

Court of Appeals of Kansas.

December 21, 2012.

Attorney(s) appearing for the Case

Curtis L. Tideman , of Lathrop & Gage LLP, of Overland Park, and Rebecca J. McMahon , of the same firm, of Kansas City, Missouri, for appellant.

David A. Hoffman and Donald W. Vasos , of Vasos Law Offices, of Fairway, for appellee.

Before GREEN, P.J., MARQUARDT, J., and BRAZIL, S.J.

BRAZIL, J.

This appeal arises out of a claim made under an accidental death insurance policy. The ultimate issue is whether the insured's accident was the proximate cause of her death. Marie Foster, the insured, tripped over a curb, fell, and broke her hip on August 1, 2009. On August 2, she had hip surgery, and on August 3, she died after suffering cardiac arrest. Marie's daughter, Tina Foster, made a claim for benefits under Marie's accidental death policy issued...

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