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ALLIED MUT. INS. CO. v. GORDON

No. 64285.

811 P.2d 1112 (1991)

248 Kan. 715

ALLIED MUTUAL INSURANCE COMPANY, Plaintiff, v. Kevin S. GORDON, et al., Defendants, and Robert L. Harding, Defendant/Cross-claim Plaintiff/Appellee/Cross-Appellant, and State Farm Mutual Automobile Insurance Company, Defendant/Cross-claim Defendant/Appellant/Cross-Appellee.

Supreme Court of Kansas.

May 24, 1991.

Attorney(s) appearing for the Case

Michael R. O'Neal, of Gilliland & Hayes, P.A., Hutchinson, argued the cause and was on the briefs, for appellant State Farm Mut. Ins. Co.

Gerald W. Scott, of Gerald W. Scott, P.A., Wichita, argued the cause and was on the briefs, for appellee Robert L. Harding.

David P. Calvert, Wichita, was on the brief, for amicus curiae Kansas Trial Lawyers Ass'n.

ALLEGRUCCI, Justice:

This is an appeal by the defendant, State Farm Mutual Automobile Insurance Company (State Farm Mutual), from a judgment awarding $99,621.55 in underinsured motorist benefits to Robert Harding (defendant/cross-claim plaintiff). Robert Harding cross-appeals from the judgment of the district court denying attorney fees as not appropriate in an underinsured motorist action.

UNDERLYING AUTOMOBILE ACCIDENT

The underlying facts were...

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