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SCHMIDT v. TRADEMARK, INC.

No. 122,078.

493 P.3d 958 (2021)

Vicki SCHMIDT, Kansas Insurance Commissioner, Appellee/Cross-appellant, v. TRADEMARK, INC., Appellant/Cross-appellee, v. Doroteo BALLIN and Ballin Company, LLC, Appellees.

Court of Appeals of Kansas.

Opinion filed May 28, 2021.

Attorney(s) appearing for the Case

William L. Townsley III and Brian E. Vanorsby , of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, for appellant/cross-appellee Trademark, Inc.

John C. Nodgaard , of Arn, Mullins, Unruh, Kuhn & Wilson, LLP, of Wichita, for appellee/cross-appellant Vicki Schmidt, Kansas Insurance Commissioner.

No appearance by appellees Doroteo Ballin and Ballin Company, LLC.

Before Hill, P.J., Bruns and Schroeder, JJ.

This is an appeal of a summary judgment granted to the Workers Compensation Fund. The Fund had paid compensation to an injured worker of an insolvent subcontractor that had no workers compensation insurance. Can the Fund, in a separate lawsuit, recover those costs from the contractor that hired...

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