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CANNON v. FARMERS INS. CO.

No. 87,080.

274 Kan. 166 (2002)

50 P.3d 48

LINDSAY CANNON, Appellee, v. FARMERS INSURANCE COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed July 12, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Southard, of Law Offices of Kenneth J. Berra, of Kansas City, Missouri, argued the cause and was on the brief for appellant.

David R. Smith, of Sanders, Simpson, Fletcher & Smith, L.C., of Kansas City, Missouri, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Lindsay Cannon and her passenger Adam Hipp were injured in a one-car accident allegedly caused by the negligent driver of a phantom vehicle. Farmers Insurance Company, Inc. (Farmers) settled with Hipp on his liability claim against Cannon. However, Farmers denied Cannon's uninsured motorist claim based on a policy exclusion preventing Hipp, as one having a claim from the same accident, from verifying the...

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