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STAFFORD v. STATE FARM MUT. AUTOMOBILE INS. CO.

No. 83,191.

27 Kan. App.2d 224 (2000)

1 P.3d 924

DAVID STAFFORD and MARCIA STAFFORD, Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed March 17, 2000.

Attorney(s) appearing for the Case

M. Doug Bell, of Hall, Levy, DeVore, Bell, Ott & Kritz, of Coffeyville, for appellant.

Scott Gallagher, Roger A. Johnson, and Alison R. Bunch, of Hershewe & Gulick, P.C., of Joplin, Missouri, for appellees.

Before GERNON, P.J., GREEN, J., and DAVID PRAGER, Chief Justice Retired, assigned.

GERNON, J.:

State Farm Mutual Automobile Insurance Company (State Farm) appeals the summary judgment decision awarding the Staffords $50,000 in underinsured motorist benefits.

Donnie Stafford was a passenger in an automobile driven by Colton Morris, which collided with a vehicle driven by Jeffrey Hight. Tragically, Stafford was killed. Both drivers were driving under the influence of alcohol.

The Staffords brought a wrongful death action and settled...

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