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RAY v. CAUDILL

No. 80,068.

266 Kan. 921 (1999)

974 P.2d 560

DENISE I. RAY, individually, and as the parent and natural guardian of LISA M. RAY, and as the parent and natural guardian of BILLIE J. RAY, Plaintiff/Appellant/Cross-appellee, v. JOHN W. CAUDILL, Defendant, and LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1999.

Attorney(s) appearing for the Case

Timothy J. King, of Speth, King & Riedmiller, of Wichita, argued the cause, and Gary A. Gorman, of Law Office of Gary Gorman, of Wichita, was with him on the briefs for appellant/cross-appellee.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Brad S. Parker, of the same firm, of Wichita, was with him on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

DAVIS, J.:

The plaintiffs obtained a $2,000,000 judgment against a tortfeasor as a result of a collision in Kansas. They sought, through garnishment action, to collect this amount under the underinsurance provisions of the insurer's South Dakota policy. The trial court determined that South Dakota law, not Kansas law, applied and granted the plaintiffs' summary judgment for $300,000. The plaintiffs appeal. The insurer...

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