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MEDINA v. AMERICAN FAMILY MUT. INS. CO.

No. 85,437.

29 Kan. App.2d 805 (2001)

32 P.3d 205

MARY JANE MEDINA, Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed September 21, 2001.

Attorney(s) appearing for the Case

William P. Tretbar and Lyndon W. Vix, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, for the appellant.

Gerald W.Scott, of Gerald W. Scott, P.A., of Wichita, for the appellee.

Before RULON, C.J., PIERRON, J., and PATRICK D. MCANANY, District Judge, assigned.

PIERRON, J.:

Mary Jane Medina claimed underinsured motorist insurance coverage following a default judgment against the tortfeasor. American Family Mutual Insurance Company (American Family) appeals the district court's judgment that it is liable to Medina for underinsured motorist coverage. We reverse.

On June 21, 1992, Medina's vehicle was stopped at an intersection when it was struck from behind by another vehicle. That vehicle was driven by Jose M.Camacho...

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