KANSAS FARM BUREAU INS. CO. v. REYNOLDS

No. 66,291

16 Kan. App. 2d 326 (1991)

823 P.2d 216

KANSAS FARM BUREAU INSURANCE COMPANY, INC., Plaintiff, and THE FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Involuntary Plaintiff, v. CYNTHIA A. REYNOLDS, et al., Defendants/Appellants, and FARMERS INSURANCE COMPANY, Intervenor/Appellee.

Court of Appeals of Kansas.

Opinion filed December 20, 1991.


Attorney(s) appearing for the Case

Michael K. Schmitt, of Finley, Miller, Cashman, Weingart & Schmitt, of Hiawatha, for appellant.

N. Jack Brown, of Boddington & Brown, Chtd., of Kansas City, for appellee.

Before LARSON, P.J., RULON, J., and ROBERT C. HELSEL, District Judge Retired, assigned.


LARSON, J.:

Cynthia Reynolds appeals, alleging an erroneous jury instruction as to the burden of proving residency under an insurance policy.

Cynthia's daughter, Sheila Reynolds, died as the result of a two-vehicle accident. The liability limits on the vehicle that collided with Sheila's car were appreciably lower than the underinsured motorist coverage limits on two separate cars owned by Cynthia and insured with Farmers Insurance Company (Farmers).

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