In Aselco, Inc. v. Hartford Ins. Group, 28 Kan. App. 2d , 21 P.3d 1011 (2001), the insurance company was garnished based on allegations that it breached its duty to defend. The Court applied Kansas law because the insurer's duty to defend would have been performed in Kansas, where the underlying claims against the insured were litigated. In Aselco, the court stated that "the law of the place of performance determines the manner and method as well as the legality of the acts required for performance." 28 Kan. App. 2d , Syl. P7, 21 P.3d 1011. As a result, the Aselco court determined that because an insurer's performance of its duty to defendant would have taken place in Kansas, Kansas law should govern the determination of the existence of the duty.