Stroud v. Ozark Nat'l Life Ins. Co.

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 124,348 CATHY L. STROUD, Appellant, v. OZARK NATIONAL LIFE INSURANCE CO. and STEPHEN I. GUINN, Appellees. SYLLABUS BY THE COURT 1. K.S.A. 2024 Supp. 60-217 requires that an action shall be prosecuted in the name of the party who, by the substantive law, has the right sought to be enforced. A substantive right to recover in a particular action is neither enlarged nor restricted by the real party in interest statute. 2. To establish a breach of fiduciary duty, a plaintiff must prove: (1) the existence of a duty arising from a fiduciary…