BRENNAN v. KANSAS INS. GUAR. ASS'N

No. 102,308.

264 P.3d 102 (2011)

John M. BRENNAN, Appellee, v. KANSAS INSURANCE GUARANTY ASSOCIATION, Appellant.

Supreme Court of Kansas.

October 21, 2011.


Attorney(s) appearing for the Case

David A. Hanson , of Glenn, Cornish, Hanson & Karns, Chartered, of Topeka, argued the cause and was on the brief for appellant.

Derek S. Casey , of Prochaska, Giroux & Howell, of Wichita, argued the cause, and James R. Howell , of the same firm, was with him on the briefs for appellee.


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

This appeal arises from a medical malpractice lawsuit. John M. Brennan sued his physician, who had a $200,000 professional liability insurance policy. The insurer was declared insolvent after Brennan filed his claim but before he recovered. The Kansas Insurance Guaranty Association (KIGA) is a statutorily created entity that substitutes some coverage for certain claims against insolvent insurers. KIGA denied liability...

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