Legal Opinion

Kansas Health Care Stabilization Fund v. St. Francis Hospital

Court of Appeals of Kansas

Decided March 20, 2009No. 99,009PublishedCited by 2 opinions

1Opinion of the Court

Greene, J.:

St. Francis Hospital in Wichita, a/k/a Via Christi Regional Medical Center (Via Christi), appeals the district court’s ruling based on summary judgment motions and a subsequent bench trial that the Kansas Health Care Stabilization Fund (Fund) had no liability to indemnify Via Christi for a settlement wherein Via Christi agreed to pay the Maria Brower family $3.3 million for a comprehensive release of all their claims, which arguably included medical malpractice, fraud, and spoliation of evidence. The district court held that to the extent the settlement included payment for covered…

2Cases cited16 opinions

  1. Cyprus Amax Minerals Co. v. Lexington Insurance Co.Supreme Court of Colorado · 2003
  2. Miller v. Westport Ins. Corp.Supreme Court of Kansas · 2009
  3. LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc.Supreme Court of Kansas · 2007
  4. American Motorists Insurance Company v. General Host Corporation & American Salt Company, Inc.Court of Appeals for the Tenth Circuit · 1991
  5. Atchison, Topeka & Santa Fe Railway Co. v. Stonewall InsuranceSupreme Court of Kansas · 2003

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3Cited by2 opinions

  1. Hildenbrand v. Avignon Villa Homes Community Assoc.Court of Appeals of Kansas · 2021
  2. Stormont-Vail Healthcare v. Board of Shawnee County Comm'rsCourt of Appeals of Kansas · 2020

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