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BARLETT v. CNA

No. 91,634.

33 Kan.App. 2d 519 (2005)

104 P.3d 1011

THOMAS BARLETT, d/b/a MAJIC POOLS, Appellee, v. CNA and TRANSPORTATION INSURANCE CO., Appellants.

Court of Appeals of Kansas.

Opinion filed January 28, 2005.

Attorney(s) appearing for the Case

Robert J. Luder and Steven J. Book, of McCormick, Adam & Long, P.A., of Overland Park, for appellants.

Luke A. Sobba and Richard F. Hayse, of Morris, Laing, Evans, Brock & Kennedy, Chtd., of Topeka, for appellee.

Before JOHNSON, P.J., PIERRON and GREEN, JJ.

Petition for review denied 279 Kan. 1005 (2005).

JOHNSON, J.:

Transportation Insurance Company (Transportation) appeals the summary judgment granted to Thomas Barlett in his action to recover underinsured motorist (UIM) coverage under his automobile policy with Transportation. Finding that judgment in the full amount of Transportation's UIM limits was erroneous, we reverse and remand.

Barlett was the sole proprietor of a business, operating under the...

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