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KANSAS FARM BUR. LIFE INS. CO. v. FARMWAY CREDIT UNION

No. 70,624

256 Kan. 968 (1995)

KANSAS FARM BUREAU LIFE INSURANCE COMPANY, INC., Appellee, v. FARMWAY CREDIT UNION, Appellant.

Supreme Court of Kansas.

Opinion filed February 3, 1995.

Attorney(s) appearing for the Case

Guy R. Steier, of Frasier & Steier, of Beloit, argued the cause, and Curtis A. Frasier, of the same firm, was with him on the briefs for appellant.

Douglas F. Martin, of Porter, Fairchild, Wachter & Haney, P.A., of Topeka, argued the cause, and Ronald W. Fairchild, of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Kansas Farm Bureau Life Insurance Company, Inc., (KFB) sued Farmway Credit Union (Farmway) to recover policy proceeds it paid under a mistaken belief that the insured was dead. The district court entered summary judgment in KFB's favor on the grounds that KFB was entitled to repayment on an implied contract theory and that its cause of action was not barred by the three-year statute of limitations because...

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