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GOLDEN RULE INS. CO. v. TOMLINSON

No. 105,245.

335 P.3d 1178 (2014)

GOLDEN RULE INSURANCE COMPANY, Appellant, v. Robert M. TOMLINSON, in his official capacity as the Assistant Commissioner of Insurance of the State of Kansas acting on behalf of the Commissioner of Insurance of the State of Kansas, and the Kansas Insurance Department, Appellees.

Supreme Court of Kansas.

October 24, 2014.

Attorney(s) appearing for the Case

Kevin M. Fowler , of Frieden, Unrein & Forbes, LLP, of Topeka, argued the cause and was on the briefs for appellant.

Amy E. Morgan , of Polsinelli PC, of Overland Park, argued the cause, and Susan Ellmaker and Brenda J. Clary , of Kansas Insurance Department, were with her on the briefs for appellees.

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

This case arises out of a Kansas Insurance Department decision imposing sanctions on appellant Golden Rule Insurance Company for unfair claim settlement practices. The Department's final order was upheld in district court. Then, on appeal to our Court of Appeals, the panel reversed. We accepted a petition for review filed by appellees, Assistant Commissioner of Insurance Robert M. Tomlinson and the Department.<...

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