Marshall v. Kansas Medical Mutual Insurance Co.

The opinion of the court was delivered by

Gernon, J.:

This appeal by the Kansas Medical Mutual Insurance Company (KaMMCO) challenges the district court’s interpretation of a professional liability (medical malpractice) insurance policy.

Collateral issues involve; (1) Interpretation of the Kansas Health Care Provider Insurance Act (HCPIA), K.S.A. 40-3401 et seq.; (2) whether the excess limits liability coverage here violates public policy; (3) whether the insurance policy was ambiguous; and (4) whether it was permissible for the district court to reform the insurance policy, given the facts in…