AMERICAN FAMILY MUT. INS. CO. v. WILKINS

No. 98,181.

179 P.3d 1104 (2008)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, v. Stacy WILKINS, et al., Defendants.

Supreme Court of Kansas.

March 28, 2008.


Attorney(s) appearing for the Case

Brian R. Collignon, of Fleeson, Gooing, Coulson & Kitch, LLC, of Wichita, argued the cause, and Lyndon W. Vix, of the same firm, was with him on the brief for the plaintiff American Family Insurance Company.

John R. Weist, of Long, Luder & Gordon, P.A., of Overland Park, argued the cause, and Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, was on the brief for defendant Allstate Indemnity Company.

Arthur S. Chalmers, of Hite, Fanning & Honeyman, LLP, of Wichita, argued the cause, and Rodney M. Confer, of Knudsen, Berkheimer, Ichardson & Endacott, LLP, of Lincoln, Nebraska, and Pamela J. Thompson, of Law Office of Pamela J. Thompson, of Wichita, Sean C. Brennan, of Accident Recovery Team, P.A., of Wichita, Jim Lawing, of Wichita, Keith D. Richey, of Wichita, and Stephen M. Kerwick, of Foulston Siefkin, LLP, of Wichita, were with him on the brief for the other defendants.


The opinion of the court was delivered by ROSEN, J.:

This case presents four certified questions from the United States District Court for the District of Kansas regarding the liability limits of an automobile insurance policy. The four certified questions are as follows:

1. WHEN "OCCURRENCE" IS NOT DEFINED IN AN AUTOMOBILE LIABILITY POLICY, WHAT TEST SHOULD BE APPLIED UNDER KANSAS LAW IN DETERMINING WHETHER THERE ARE MULTIPLE "OCCURRENCES" AND, IF SO, THE...

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