FARMERS INS. CO. v. GILBERT

No. 64,220

247 Kan. 589 (1990)

802 P.2d 556

FARMERS INSURANCE COMPANY, INC., Appellee, v. STEPHEN R. GILBERT, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1990.


Attorney(s) appearing for the Case

Gerald W. Scott, of Gerald W. Scott, P.A., of Wichita, argued the cause, and Dennis L. Phelps, of Wichita, was with him on the briefs for appellant.

Stanford J. Smith, Jr., of Robbins, Tinker, Smith & Metzger, of Wichita, argued the cause and was on the briefs for appellee.

Craig C. Blumreich, of Benfer, Bausch & Blumreich, P.A., of Topeka, was on the brief for amicus curiae Kansas Association of Defense Counsel.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, was on the brief for amicus curiae The National Association of Independent Insurers.

Lee H. Tetwiler, of Paola, was on the brief for amicus curiae The Kansas Trial Lawyers Association.


The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment action brought by Farmers Insurance Company, Inc., to determine the extent of underinsured motorist coverage available to its insured, Stephen Gilbert.

Gilbert owned three motor vehicles — a motorcycle, an automobile, and a van. Each was insured by Farmers under separate policies. Gilbert was seriously injured while riding his motorcycle. The driver of the...

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