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NARRON v. CINCINNATI INS. CO.

No. 88,787.

278 Kan. 365 (2004)

97 P.3d 1042

CAROLYN NARRON, Appellee, v. CINCINNATI INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed September 24, 2004.

Attorney(s) appearing for the Case

M. Duane Coyle, of Hinkle Elkouri Law Firm, L.L.C., of Wichita, argued the cause, and J. Philip Davidson and Roger M. Theis, of the same firm, were with him on the briefs for appellant.

Gerald W. Scott, of Gerald W. Scott, P.A., of Wichita, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

BEIER, J.:

This auto accident case requires us to decide whether an injured driver may recover from her excess underinsured motorist carrier after a primary underinsured policy with an identical limit has been exhausted by payments to the driver and the estate of a passenger.

Plaintiff Carolyn Narron filed this lawsuit against defendant Cincinnati Insurance Company (Cincinnati), claiming she was entitled

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