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MITCHELL v. LIBERTY MUT. INS. CO.

Nos. 77,686, 79,263.

265 Kan. 556 (1998)

961 P.2d 1235

MICHAEL P. MITCHELL, Appellee/Cross-appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee, and SHELTER MUTUAL INSURANCE COMPANY, Appellee/Cross-appellee. MICHAEL P. MITCHELL, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee, and SHELTER MUTUAL INSURANCE COMPANY, Defendant.

Supreme Court of Kansas.

Opinion filed July 10, 1998.

Attorney(s) appearing for the Case

Robert C. Herndon, of Robert G. Herndon, P.A., of Overland Park, argued the cause, and Kurt A. Level, of the same firm, was with him on the briefs for appellee/ cross-appellant.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and Sean T. McGrevey, of the same firm, was with him on the briefs for appellant/cross-appellee.

Craig C. Blumreich, of Gehrt & Roberts, Chartered, of Topeka, argued the cause and was on the brief for appellee/cross-appellee.

The opinion of the court was delivered by

DAVIS, J.:

This appeal involves a contest between insurance carriers; the issue raised is which of two carriers is excess in its underinsurance coverage. Michael P. Mitchell was severely injured in an automobile collision while driving a United Parcel Services (UPS) van in the course of his employment. His personal vehicle coverage with Shelter Mutual Insurance Company (Shelter) provided underinsured coverage, and...

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