Todd v. Kelly

The opinion of the court was delivered by

Holmes, C.J.:

This case is before the court on a question certified by the United States Court of Appeals for the Tenth Circuit pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq.

The specific question certified to this court reads:

“1. In view of the limited liability of the Health Care Stabilization Fund, Kan. Stat. Ann. § 40-3401 et seq., as set forth in section 3403(e), is the Insurance Commissioner of the State of Kansas, as a condition for obtaining a stay of execution of the judgment pending appeal, required to…