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O'DONOGHUE v. FARM BUREAU MUT. INS. CO.

No. 87,002

275 Kan. 430 (2003)

66 P.3d 822

PETER O'DONOGHUE, Administrator of the Estate of CHONG AE O'DONOGHUE, and SEAN O'DONOGHUE, heir-at-law of CHONG AE O'DONOGHUE, Appellees, v. FARM BUREAU MUTUAL INSURANCE CO., INC., Appellant.

Supreme Court of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

Arthur S. Chalmers, of Hite, Fanning & Honeyman, L.L.P., of Wichita, argued the cause, and Don D. Gribble, II, and Vince P. Wheeler, of the same firm, were with him on the briefs for appellant.

Corlin J. Pratt, of Grace, Unruh & Pratt, L.C., of Wichita, argued the cause, and Terry L. Unruh, of the same firm, was on the briefs for appellees.

The opinion of the court was delivered by

DAVIS, J.:

The question we must resolve involves an interpretation of K.S.A. 40-284(b) under undisputed facts. Chong Ae O'Donoghue died in an automobile accident and because of multiple claims against the tortfeasor's liability coverage her estate recovered only a small portion of her actual damages from the tortfeasor. The district court determined, and the Court of Appeals agreed, that O'Donoghue was entitled to...

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