Exploration Place, Inc. v. Midwest Drywall Co., Inc.

The opinion was delivered by

Luckert, J.:

This case involves interpretation and application of the Kansas Insurance Guaranty Association Act, K.S.A. 40-2901 et seq. (Guaranty Act). The district court ruled that the Guaranty Act barred all subrogation claims. Appellant argues that the Act bars only those subrogation claims that would have been covered by the tortfeasor s insolvent insurer.

This action was brought by Exploration Place, Inc. (EPI); Dondlinger and Sons Construction Co., Inc. (Dondlinger); and Dondlinger’s insurance carrier, Travelers Insurance Company (Travelers). The plaintiffs…