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--Auto Accident Online Law Resources, Kansas

KANSAS STATUTE DATABASE

KANSAS APPEALS AND SUPREME COURT OPINION DATABASE

Please Note: ALTHOUGH tHE FOLLOWING KANSAS SUPREME AND APPELLATE COURT OPINIONS ARE RECENT HOLDINGS, THEY ARE NOT NECESSARILY CONTROLLING LAW. THEY ARE LISTED HERE MERELY TO GIVE THE READER AN IDEA OF HOW KANSAS COURTS HAVE RULED IN PAST DECISIONS. IT IS THEREFORE IMPORTANT THAT ONE NOT BASE FUTURE ACTION ON THE HOLDINGS IN THESE OPINIONS WITHOUT FIRST CONSULTING AN ATTORNEY DULY LICENSED IN YOUR JURISDICTION.

MARQUIS v. STATE FARM FIRE AND CASUALTY COMPANY, 265 Kan. 317 (2001) Automobile insurance agreements are to be interpreted by the trial and appellate courts pursuant to basic principles of contract law. The courts are to enforce the intent of the parties. Where ambiguity exists, a court must consider the contract in its totality. The case also addresses the degree to which an employer is liable for the acts of its employees.

FISHER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 264 Kan. 111 (1998) The uninsured motorist statutes are remedial in nature and courts must construe them liberally. In interpreting said statutes, the court observed that they permit one to exclude from the uninsured motorist portion of coverage that which would otherwise be covered under Workers' Compensation.

SHELTON v. DEWITTE, No. 84,488 (Kan. Sup. Ct. 2001) (Standing for wrongful death of unborn child) A wrongful death action may be maintained when the deceased is an unborn child killed by the wrongful acts of another. The case also involved the death of the mother who carried the unborn child.

BRIAN COLFAX v. CONTINENTAL WESTERN INSURANCE COMPANY, No. 80,995 (Kan. Sup. Ct. 1999) When an insurance policy is ambiguous, its meaning is to be construed to the benefit of the insured.

EIDEMILLER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 261 Kan. 711 (1997) An insured may not "stack" separate underinsured motorist policies and thereby multiply the total amount payable. This statutory provision controls regardless of whether the policies expressly preclude stacking within their provisions.

HERNANDEZ v. GUARANTY NATIONAL INSURANCE COMPANY, No. 85,519 (Kan. Ct. App. 1997) One who owns a vehicle and is thereby required to carry personal injury protection (PIP) by law is not entitled to compensation from another's PIP coverage even though he or she is injured while riding in the other's vehicle.