BUSSMAN v. SAFECO INS. CO. OF AMERICA

No. 103,020.

317 P.3d 70 (2014)

298 Kan. 700

Connie BUSSMAN, Appellant/Cross-appellee, v. SAFECO INSURANCE COMPANY OF AMERICA, Appellee/Cross-appellant.

Supreme Court of Kansas.

January 24, 2014.


Attorney(s) appearing for the Case

Fred J. Spigarelli , of Spigarelli, Spigarelli & Hayes, of Pittsburg, argued the cause, and Angela Trimble , of the same firm, was with him on the briefs for appellant/cross-appellee.

Paul P. Hasty, Jr. , of Hasty & Associates, LLC, of Overland Park, argued the cause and was on the briefs for appellee/cross-appellant.

Derek S. Casey , of Triplett, Woolf & Garretson, LLC, of Wichita, and Jacob S. Graybill and N. Russell Hazlewood , of Graybill & Hazlewood LLC, of Wichita, were on the brief for amicus curiae The Kansas Association of Justice.

Timothy J. Finnerty and Bradley J. Raple , of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, were on the brief for amicus curiae Kansas Association of Defense Counsel.


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

Connie Bussman was driving a vehicle owned by her employer, Community National Bank (CNB), when she was injured in an accident that was caused by an underinsured motorist. Bussman settled with the underinsured tortfeasor for policy limits and then claimed underinsured motorist (UIM) benefits under CNB's commercial insurance package policy that included commercial automobile coverage, which Bussman believed had...

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