THOMPSON v. KFB INS. CO.

No. 68,452

252 Kan. 1010 (1993)

850 P.2d 773

IVAN THOMPSON, JR., Appellee, v. KFB INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 16, 1993.


Attorney(s) appearing for the Case

Richmond M. Enochs, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and Lee R. Hardee, III, of the same firm, was with him on the briefs for appellant.

Charles S. Fisher, Jr., of Fisher, Cavanaugh & Smith, P.A., of Topeka, argued the cause, and Bryan W. Smith, of the same firm, was with him on the brief for appellee.

Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, was on the brief for amicus curiae Kansas Trial Lawyers Association.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, and John D. Ensley, of the same firm, were on the brief for amici curiae Kansas Hospital Association and Kansas Medical Society.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

Ivan Thompson, Jr., brought this action against his automobile insurance carrier, KFB Insurance Company (KFB), claiming underinsured motorist benefits. Thompson sought to recover for personal injuries and damages suffered as a result of an automobile accident. Before trial began, the district court ruled that K.S.A. 1992 Supp. 60-3801 et seq., the current Collateral Source Benefits Act, is unconstitutional...

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