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

No. 62,670

13 Kan. App. 2d 279 (1989)

768 P.2d 320

MICHAEL L. WHITAKER, Appellee/Cross-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed February 10, 1989.

Attorney(s) appearing for the Case

Douglas M. Greenwald and William P. Coates, Jr., of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellant.

George W. Earnshaw, of Merriam, and Joseph W. Amick, of Kansas City, Missouri, for the appellee.

Before LARSON, P.J., DAVIS, J., and FLOYD H. COFFMAN, District Judge Retired, assigned.

DAVIS, J.:

The plaintiff, Michael L. Whitaker, brought this action against his insurer, State Farm Mutual Automobile Insurance Company, to recover personal injury protection (PIP) benefits for an injury he sustained while unloading an ice chest from his van. The trial court granted summary judgment in plaintiff's favor but denied plaintiff's request for attorney fees. State Farm appeals, contending that the trial court erred by failing to recognize a distinction between...

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