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RICH v. FARM BUR. MUT. INS. CO.

No. 66,319

250 Kan. 209 (1992)

824 P.2d 955

FRANCES JEAN RICH, EXECUTOR OF THE ESTATE OF JOHN E. LAVIN, DECEASED, Appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., and KFB INSURANCE COMPANY, INC., Appellees.

Supreme Court of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

Jeffrey W. Jones, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause, and Gary E. Laughlin, of the same firm, was with him on the briefs for appellant.

N. Larry Bork, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause, and Wayne T. Stratton, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an action for the recovery of underinsured motorist benefits. John E. Lavin was a passenger injured in a one-vehicle accident. Both the driver and the owner of the vehicle paid the liability limits of their policies in settlement with Lavin. Because Lavin's underinsured motorist coverage limits exceeded the combined coverage of the two tortfeasors, Lavin made claim for underinsured motorist benefits...

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