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WELCH v. HARTFORD CASUALTY INS. CO.

No. 48,122

221 Kan. 344 (1977)

559 P.2d 362

DARLENE E. WELCH, formerly known as DARLENE E. LAMBERT, Appellant, v. HARTFORD CASUALTY INSURANCE COMPANY, formerly known as CITIZENS INSURANCE COMPANY OF NEW JERSEY, an insurance corporation, Appellee, and DORIS A. MAJETTE, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1977.

Attorney(s) appearing for the Case

Jan W. Leuenberger, of Glenn, Cornish & Leuenberger, of Topeka, argued the cause, and Henry J. Schulteis, of the same firm, was with him on the brief for the appellant.

Donald Patterson, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause and was on the brief for appellee Hartford Casualty Insurance Co., formerly known as Citizens Insurance Company of New Jersey.

L. Patricia Casey, of Topeka, was on the brief for appellee Doris A. Majette.

The opinion of the court was delivered by

FROMME, J.:

This appeal is on the question of whether an insured injured party covered by two insurance policies, each providing uninsured motorist coverage mandated by K.S.A. 40-284, is entitled to receive a total of $30,000.00 on the two policies when the actual damages caused by the fault of the uninsured motorist were only $20,000.00. The question is purely one of law for the findings of fact made by the trial...

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