EVERGREEN RECYCLE, L.L.C. v. INDIANA LUMBERMENS MUT. INS. CO.

No. 110,329.

350 P.3d 1091 (2015)

EVERGREEN RECYCLE, L.L.C., Appellee/Cross-appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee, v. Eck Agency, Inc., Appellee/Cross-appellant.

Court of Appeals of Kansas.

May 1, 2015.


Attorney(s) appearing for the Case

Kevin M. McMaster and Jennifer M. Hill , of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellant/cross-appellee.

N. Russell Hazlewood and Jacob S. Graybill , of Graybill & Hazlewood, LLC, of Wichita, for appellee/cross-appellant Evergreen Recycle, L.L.C.

Gerald L. Green , of Gilliland & Hayes, LLC, of Hutchinson, for appellee/cross-appellant Eck Agency, Inc.

Before HILL, P.J., McANANY, J., and LARSON, S.J.


Indiana Lumbermens Mutual Insurance Company (Lumbermens) appeals from the judgment awarded to Evergreen Pallet, L.L.C. and Evergreen Recycle, L.L.C. (Evergreen) in the amount of $231,000 based on Evergreen's claim that Lumbermens improperly failed to pay a claim for losses associated with a fire in a commercial mulch pile owned and maintained...

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