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KAN. HEALTH CARE STAB. v. ST. FRANCIS HOSP.

No. 99,009.

203 P.3d 33 (2009)

KANSAS HEALTH CARE STABILIZATION FUND, Appellee, v. ST. FRANCIS HOSPITAL, a/k/a Via Christi Regional Medical Center, Inc., Appellant.

Court of Appeals of Kansas.

March 20, 2009.

Attorney(s) appearing for the Case

James D. Oliver, of Foulston Siefkin, LLP, of Overland Park, and Darrell E. Warta, of the same firm, of Wichita, for appellant.

Thomas D. Haney, of Henson, Clark, Hutton, Mudrick & Gragson, LLP, of Topeka, for appellee.

Before RULON, C.J., GREENE and HILL, JJ.

GREENE, J.

St. Francis Hospital in Wichita, a/k/a Via Christi Regional Medical Center (Via Christi), appeals the district court's ruling based on summary judgment motions and a subsequent bench trial that the Kansas Health Care Stabilization Fund (Fund) had no liability to indemnify Via Christi for a settlement wherein Via Christi agreed to pay the Maria Brower family $3.3 million for a comprehensive release of all their claims, which arguably included medical malpractice...

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