Topeka ? Democratic insurance commissioner candidate Jim Garner on Thursday called on his Republican opponent, Sandy Praeger, to pledge not to withdraw a court appeal in the Blue Cross and Blue Shield of Kansas case.

Praeger, a state senator from Lawrence, responded, saying that if she were elected, she would not withdraw the Kansas Insurance Department’s appeal before the Kansas Supreme Court.

“I have no interest in withdrawing the appeal,” Praeger said.

The current insurance commissioner, Kathleen Sebelius, denied a proposed takeover of Kansas Blue Cross by Indiana-based Anthem Insurance Cos. Sebelius said the takeover would have led to higher rates for Kansas Blue Cross policyholders.

A state district judge rejected Sebelius’ decision, and Sebelius, now the Democratic nominee for governor, appealed the ruling to the state Supreme Court. A decision from the high court is expected in 2003 after the next insurance commissioner is in office.

On Thursday, Garner, a Coffeyville legislator and the top Democrat in the state House, staged a news conference in the Capitol, criticizing Praeger for not saying whether she would drop the appeal.

“It’s high time for Sandy Praeger to tell people where she is. She must take a stand,” Garner said.

Asked to respond, Praeger said she would follow through with the appeal and comply with whatever the court ruled.

Garner also said Praeger should tell Kansans whether she supported Sebelius’ decision. Praeger said she did.

“I think what (Sebelius) did was in the best interest of Kansas policyholders,” Praeger said.

In the past, Democrats have complained that Praeger has tried to sidestep the issue of whether she supported Sebelius’ denial of the takeover. But Praeger said that hasn’t been the case.