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McTAGGART v. LIBERTY MUT. INS.

No. 81,047

267 Kan. 641 (1999)

983 P.2d 853

MARGARET ECKMAN McTAGGART, a minor, by and through her natural mother and next friend, DEBORAH C. McTAGGART, Appellant, v. LIBERTY MUTUAL INSURANCE, Appellee, and TRANSAM TRUCKING, INC., Defendant.

Supreme Court of Kansas.

Opinion filed July 9, 1999.

Attorney(s) appearing for the Case

James L. Crabtree, of Crabtree Law Offices, P.A., of Lenexa, argued the cause, and James M. Crabtree, of the same firm, was with him on the briefs for appellant.

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and David Curotto, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

Margaret Eckman McTaggart appeals the trial court's grant of summary judgment in favor of Liberty Mutual Insurance Co. (Liberty Mutual) which denied McTaggart's claim for underinsured motorist coverage for a motor vehicle accident. The facts are not disputed.

McTaggart, while a passenger in a tractor-trailer being driven by her father in the course of his employment with TransAm Trucking, Inc.,...

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