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HILYARD v. ESTATE OF CLEARWATER

Nos. 58,919, 59,113

240 Kan. 362 (1986)

729 P.2d 1195

CYNTHIA HILYARD, individually and as next friend and parent of MICHAEL HILYARD, JEFF HILYARD, and HARRY HILYARD, all minors, Appellee, v. THE ESTATE OF DOROTHY CLEARWATER, deceased, Defendant, and THE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. ELIZABETH ROCKWELL, Appellant.

Supreme Court of Kansas.

Opinion filed December 5, 1986.

Attorney(s) appearing for the Case

Kevin L. Diehl, of Ralston & Starrett, of Topeka, argued the cause and Eugene B. Ralston, of the same firm, was with him on the brief for appellant State Farm.

Steven A. Ediger, of Juhnke, Howell & Ediger, of Hutchinson, was on the brief for appellant Rockwell.

Jerry R. Palmer, of Palmer, Marquardt & Snyder, P.A., of Topeka, argued the cause and was on the brief for appellees Hilyard.

Michael R. O'Neal, of Reynolds, Peirce, Forker, Suter & O'Neal, of Hutchinson, argued the cause and Stephen M. Kerwick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, was with him on the brief for appellee State Farm.

The opinion of the court was delivered by

HERD, J.:

These are consolidated cases. The issue in each case is the validity of a household exclusion clause in an automobile insurance policy. In case No. 58,919, the Shawnee County District Court denied State Farm Mutual Automobile Insurance Company's (State Farm) motion for summary judgment and State Farm appeals. In case No. 59,113, the Reno County district court granted...

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