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STEWART v. CAPPS

No. 63,864

14 Kan. App. 2d 356 (1990)

789 P.2d 563

DARLENE E. STEWART, Appellant, v. VAYDA CAPPS, Defendant, and AMERICAN STATES INSURANCE CO., Appellee.

Court of Appeals of Kansas.

Opinion filed March 30, 1990.

Attorney(s) appearing for the Case

Mark D. Lewis and Edward M. Boyle, of Payne & Jones, Chartered, of Overland Park, for appellant.

Hal Pierce and Linda S. Trout, of Couch, Strausbaugh & Pierce, Chtd., of Overland Park, for appellee.

Gerald W. Scott, of Topeka, for amicus curiae Kansas Trial Lawyers Association.

Before REES, P.J., DAVIS and ELLIOTT, JJ.

Aff'd 247 Kan. 549, 802 P.2d 1226 (1990).

ELLIOTT, J.:

Plaintiff Darlene Stewart appeals from the summary judgment granted American States Insurance Company (ASIC) regarding uninsured motorist benefits. The trial court validated ASIC's policy provision which provided that any amounts otherwise payable under uninsured motorist coverage would be

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