Kan. Appellate Court Reverses Judgment Against Insurance Company

TOPEKA, Kan. -- A Kansas Court of Appeals has reversed summary judgment granted the insured in a coverage action, ruling in part that the carrier had no duty to provide counsel who would pursue an action against the insurance company. Ramsey, et al. v. Lee Builders, et al., No. 90,380 (Kan. Ct. App.).

Stephen and Carolyn Ramsey filed the underlying lawsuit against Lee Builders on Feb. 18, 2000, alleging that water leaks in their home caused mold to grow and caused respiratory problems. The Ramseys bought a house from Lee in 1989 and first complained about leaks in 1990.