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

No. 77,231.

264 Kan. 111 (1998)

955 P.2d 622

JAMES R. FISHER, TERRA M. HELM, and JOSHUA IAN HELM, by his conservator, FIRST UNITED NATIONAL BANK & TRUST Co. in Great Bend, Kansas, Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, and THE KANSAS DEPARTMENT OF TRANSPORTATION and the ESTATE OF RALPH HORAN, deceased, Defendants.

Supreme Court of Kansas.

Opinion filed March 6, 1998.

Attorney(s) appearing for the Case

Harry M. Bleeker, of Watkins, Calcara, Rondeau, Friedeman, Bleeker, Glendenning & McVay, Chtd., of Great Bend, argued the cause and was on the brief for appellant.

M. John Carpenter, of Carpenter Law Office, of Great Bend, argued the cause, and Jane M. Isern, of Brown & Isern Law Office, of Great Bend, and Hugh D. Mauch, of Great Bend, were with him on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

Insured was killed in an automobile accident with an underinsured vehicle while in the course and scope of employment. After a trial, decedent's heirs obtained a judgment against the estate of the other vehicle's driver which exceeded the other driver's policy limits. Heirs moved to collect under the decedent's underinsured motorist policy provision. The district court awarded decedent's heirs $50,000...

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