[Download] "Rich v. Farm Bur. Mut. Ins. Co." by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Rich v. Farm Bur. Mut. Ins. Co.
- Author : Supreme Court of Kansas
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is an action for the recovery of underinsured motorist
benefits. John E. Lavin was a passenger injured in a one-vehicle
accident. Both the driver and the owner of the vehicle paid the
liability limits of their policies in settlement with Lavin.
Because Lavin's underinsured motorist coverage limits exceeded
the combined coverage of the two tortfeasors, Lavin made claim
for underinsured motorist benefits against his own automobile
liability insurance carrier, KFB Insurance Company, Inc. (KFB).
That claim was denied by KFB on grounds the PIP benefits Lavin
had collected from KFB exceeded his claim for underinsured
motorist benefits. Lavin died three weeks before the trial court
decision in favor of KFB. Lavin's executor now appeals the trial
court ruling that, pursuant to K.S.A. 40-284(e)(6), the insurer
was entitled to set off the underinsured motorist benefits it
owed against the nonduplicative PIP benefits it previously paid. Lavin was a passenger in a car driven by Jimmy Roberts, which
was involved in a single-car accident. The owner of the vehicle
was insured by State Farm Insurance Company, with liability
limits of $50,000. Roberts was insured by Farm & City Insurance
Company through Mid-States Adjustment, Inc., with $25,000
liability limits. Each of those insurers paid the limits of its
policy to plaintiff in settlement of its insured's liability to
Lavin.