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EIDEMILLER v. STATE FARM MUT. AUTO. INS. CO.

No. 73,861.

261 Kan. 711 (1997)

933 P.2d 748

JAMES M. EIDEMILLER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1997.

Attorney(s) appearing for the Case

David T. Greis, of William H. Pickett, P.C., of Kansas City, Missouri, argued the cause, and William H. Pickett, Gregory J. Abella, and Michael R. Taylor, of the same firm, were with him on the briefs for appellant.

Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Clifford T. Mueller, of the same firm, was with him on the brief for appellee.

Arthur S. Chalmers and Mary E. Giovanni, of Kahrs, Nelson, Fanning, Hite & Kellogg, L.L.P., of Wichita, were on the brief for amicus curiae Kansas Association of Defense Counsel.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This litigation involves a claim for underinsured motorist coverage by the insured, James Eidemiller, under three separate policies with State Farm Mutual Automobile Insurance Company (State Farm). The district court entered summary judgment for State Farm on the ground that K.S.A. 40-284(d) prohibits stacking insurance policies. The Court of Appeals reversed on the ground that the statute prohibits...

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