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DAVIS v. HUGHES

No. 52,060

229 Kan. 91 (1981)

622 P.2d 641

CLETA ROSE DAVIS and ROYAL E. DAVIS, Appellees, v. DANNY HUGHES, RON WEST, and WESTERN CASUALTY & SURETY COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed January 17, 1981.

Attorney(s) appearing for the Case

Barry E. Warren, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, argued the cause, and Barton Brown, of the same firm, was with him on the brief for the appellants.

Jay Thomas, of Barnett & Lerner, Chartered, of Kansas City, Kansas, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by Western Casualty & Surety Company from an order of the district court: (1) authorizing the stacking of benefits of three uninsured motorist coverages; (2) authorizing the stacking of personal injury protection (PIP) benefits of three coverages; and (3) retrospectively applying the repeal of K.S.A. 1976 Supp. 40-3113(e) relative to the setoff of paid PIP benefits from uninsured...

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