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GRUBER v. ESTATE OF MARSHALL

No. 120,513.

482 P.3d 612 (2021)

Kai GRUBER, Personal Representative of the Estate of Christopher S. Gruber, on Behalf of the Next-of-Kin of Christopher S. Gruber, Deceased, Appellee/Cross-appellant, v. The ESTATE OF Ronald MARSHALL, Appellee, and United States Aircraft Insurance Group and United States Aviation Underwriters, Inc., as Manager of USAIG, Appellants/Cross-appellees.

Court of Appeals of Kansas.

Opinion filed January 22, 2021.

Attorney(s) appearing for the Case

Lynn W. Hursh , of Armstrong Teasdale LLP, of Kansas City, Missouri, for appellants/cross-appellees United States Aircraft Insurance Group and United States Aviation Underwriters, Inc.

Lynn R. Johnson and Daniel A. Singer , of Shamberg, Johnson & Bergman Chartered, of Kansas City, Missouri, Michael W. Blanton , of Blanton Law Firm, of Evergreen, Colorado, and William J. Bahr , of Arthur-Green, LLP, of Manhattan, for appellee/cross-appellant.

No appearance by appellee the Estate of Ronald Marshall.

Before Arnold-Burger, C.J., Hill and Gardner, JJ.

Flying from Oklahoma, two friends died when their plane crashed before they made it back to Manhattan, Kansas. Claiming pilot negligence, the estate of the passenger sued the pilot's estate. The two estates settled, and, by agreement, the court entered judgment against the pilot's estate in excess of the insurance coverage. When the passenger...

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