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STATE FARM FIRE & CASUALTY CO. v. FINNEY

Nos. 62,711, 62,712

244 Kan. 545 (1989)

770 P.2d 460

STATE FARM FIRE AND CASUALTY COMPANY, An Insurance Corporation, Appellant, v. GORDON FINNEY and DEAN JOHNSON, Appellees, and GORDON FINNEY, Appellee, v. DEAN JOHNSON, Defendant, v. STATE FARM FIRE AND CASUALTY COMPANY, Proposed Intervenor, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1989.

Attorney(s) appearing for the Case

Jerome V. Bales, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and Kevin Bennett, of the same firm, was with him on the briefs for appellant.

John L. White, of Norton, White & Norton, P.C., of Leavenworth, argued the cause and was on the brief for appellee.

David P. Troup, of Weary, Davis, Henry, Struebing & Troup, of Junction City, was on the amicus curiae brief for Kansas Trial Lawyers Association.

The opinion of the court was delivered by

LOCKETT, J.:

State Farm Fire & Casualty Co. v. Gordon Finney and Dean Johnson, Case No. 62,711, and Gordon Finney v. Dean Johnson v. State Farm and Casualty Company, Proposed Intervenor, Case No. 62,712, are consolidated for appeal. In the first action, State Farm Fire & Casualty Co. (State Farm) appeals the district court's finding that an insurer may...

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