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McNEMEE v. FARMERS INSURANCE GROUP

No. 51,713

228 Kan. 211 (1980)

612 P.2d 645

DONALD R. McNEMEE, Appellant, v. FARMERS INSURANCE GROUP, and FARMERS INSURANCE CO., INC., and MID-CENTURY INSURANCE CO., Appellees.

Supreme Court of Kansas.

Opinion filed June 14, 1980.

Attorney(s) appearing for the Case

Muriel Andreopoulos, of Kansas City, argued the cause, and James Yates, also of Kansas City, was with her on the brief for the appellant.

Terry Fitzgerald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is a direct appeal by plaintiff, Donald R. McNemee, from an order of the district court upholding an exclusion in policies covering nonoccupied vehicles as authorized by K.S.A. 1979 Supp. 40-3108(a). The exclusion precludes "stacking" medical personal injury protection (PIP) benefits.

To obtain insurance loss payments on duplicate coverages is often referred to as "stacking," and the...

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