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POLSON v. FARMERS INS. CO., INC.

No. 99,908.

200 P.3d 1266 (2009)

John POLSON, Representative of the heirs at law of Timothy Polson, Deceased, and Pauline Fallis, Representative of the heirs at law of Michelle D. Polson, Deceased, Appellants, v. FARMERS INSURANCE CO., INC., Appellee.

Supreme Court of Kansas.

January 30, 2009.

Attorney(s) appearing for the Case

Dennis J. Cassidy, of Dezube Miller, L.L.C., of Overland Park, argued the cause, and Douglas K. Dezube, of the same firm, was with him on the briefs for appellants.

Jeffrey S. Southard, of Abbott, Davidson & Southard, of Kansas City, Missouri, argued the cause and was on the brief for appellee.

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

This case involves two claims for survivors' benefits against Farmers Insurance Co., Inc., following the tragic deaths of Timothy and Michelle Polson, who were found dead at the scene of a Kansas automobile accident. On appeal we consider whether Farmers was obligated to pay survivors' benefits under K.S.A. 40-3103(y) to Timothy, Michelle, or their estates. This determination is dependent upon whether one or both...

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