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HAND v. STATE FARM MUT. AUTO. INS. CO.

No. 48,745

2 Kan. App. 2d 253 (1978)

577 P.2d 1202

DEBORAH A. HAND AND GLENN L. BOYD, Conservator for the Estate of Shawn Corey Flora, a Minor, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Appeals of Kansas.

Petition for review denied June 2, 1978.

Attorney(s) appearing for the Case

Max M. Hinkle, of Abilene, for appellants.

Robert C. Foulston and James M. Armstrong, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for appellee.

Michael S. Mullen, Special Assistant Attorney General, attorney for amicus curiae, Fletcher Bell, Commissioner of Insurance of the State of Kansas.

Before REES, P.J., SWINEHART and MEYER, JJ.

REES, J.:

This is an action brought to recover survivors' benefits and attorney fees under the personal injury protection (PIP) endorsement to an automobile liability insurance policy. The trial court limited the amount of survivors' benefits recoverable to the amount of actual economic loss proved. Attorney fees were denied. Plaintiffs appeal.

The deceased insured, Michael Flora, died in an automobile accident on October 13, 1974. He was survived by his wife...

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