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STEWART v. CAPPS

No. 63,864

247 Kan. 549 (1990)

802 P.2d 1226

DARLENE E. STEWART, Appellant, v. VAYDA L. CAPPS and AMERICAN STATES INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1990.

Attorney(s) appearing for the Case

Edward M. Boyle, of Payne & Jones, Chartered, of Overland Park, argued the cause and Mark D. Lewis, of the same firm, was with him on the briefs for appellant.

Linda S. Trout, of Couch, Strausbaugh, Pierce & King, Chartered, of Overland Park, argued the cause, and Hal Pierce, of the same firm, was with her on the briefs for appellee.

Gerald W. Scott, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.

The opinion of the court was delivered by

LOCKETT, J.:

Plaintiff Darlene Stewart appealed the district court's grant of summary judgment after it determined that the American States Insurance Company (ASIC) policy provision which provided that any amounts otherwise payable under uninsured motorist coverage would be reduced by all sums paid under the liability coverage of its policy. The Court of Appeals reversed....

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