Brown v. Farmers Insurance

65 P.3d 1063, 31 Kan. App. 2d 419, 2003 Kan. App. LEXIS 238
CourtCourt of Appeals of Kansas
DecidedApril 4, 2003
DocketNo. 88,756
StatusPublished
Cited by3 cases

This text of 65 P.3d 1063 (Brown v. Farmers Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Farmers Insurance, 65 P.3d 1063, 31 Kan. App. 2d 419, 2003 Kan. App. LEXIS 238 (kanctapp 2003).

Opinion

Beier, J.:

Defendant Farmers Insurance Company, Inc. (Farmers), appeals the district court’s summary judgment in favor of plaintiff Erin E. Brown. We must decide whether Brown, who was injured in an accident involving an uninsured driver and who has received the maximum benefit allowed under the uninsured motorist provision of her mother’s policy, may also recover underinsured motorist benefits under that policy or under another identical policy issued by the same insurer to her mother’s live-in companion.

The material facts are not in dispute. Brown was a passenger in a car driven by Caleb Spivey, who was uninsured when tire single-car accident occurred. Brown was insured under a policy issued by Farmers to Claire Jones, Brown’s mother. Although the Jones policy is not in the record on appeal, tire parties do not dispute that it was identical to a policy issued to John Sandburg, Jones’ live-in companion. The Sandburg policy is included in the record on appeal. It provides uninsured motorist (UM) coverage of $100,000 per person and $300,000 per occurrence.

Brown sought and received UM benefits of $100,000 under the Jones policy plus personal injury protection (PIP) benefits that Far[421]*421mers chose not to offset. Brown made a demand for an additional $100,000 in underinsured motorist (UIM) benefits under the same policy, and Farmers refused the demand.

Brown filed this lawsuit seeking: (1) $100,000 in UIM benefits from Farmers under the Jones policy; (2) an additional $100,000 in UIM benefits from Farmers under the Sandburg policy; and (3) UIM benefits and other compensation from defendant Deerbrook Insurance Company (Deerbrook) under a policy issued to Brown’s natural father, with whom she had at some point temporarily resided.

After a hearing on the parties’ cross-motions for summary judgment, the district court found K.S.A. 40-284(d) permitted Brown to collect both UM and UIM benefits under the Jones policy. The district court denied the parties’ cross-motions pertaining to the Sandburg policy, finding genuine issues of material fact remained regarding whether Brown qualified for coverage. It granted summary judgment in favor of Deerbrook regarding Brown’s natural father’s policy.

Regarding its disposition of the first issue, the court’s journal entry stated:

“The Court finds as a matter of law that K.S.A. 40-284(d) does not preclude [Brown] from collecting underinsured motorist benefits over and above the $100,000 maximum benefits already paid by [Farmers] under its uninsured motorist coverage because such collection does not constitute an impermissible stacking’ of both uninsured and underinsured motorist benefits. Based upon the Court’s interpretation of K. S .A. 40-284(d) and the uncontroverted facts, the Court finds that [Brown] is entitled to summary judgment on the issue of underinsured motorist benefits in Claire A. Jones’ policy and that the motion of [Farmers] for summary judgment is denied.”

The district court, pursuant to K.S.A. 60-2102(b), certified the following question for interlocutory appeal:

“Where an insured passenger has been injured by a vehicle driven by an uninsured driver and has recovered the maximum policy limits under her policy for uninsured coverage, does K.S.A. 40-284(d) prohibit that same insured from also recovering under the same policy, or a separate policy issued by the same insurer with identical language and limits of liability, for underinsured motorist coverage?”

[422]*422We have unlimited review of this question of law, regardless of whether it requires interpretation of the statute or the insurance policy. See Babe Houser Motor Co. v. Tetreault, 270 Kan. 502, 506, 14 P.3d 1149 (2000) (interpretation of statute question of law; appellate court review unlimited); see also Dougan v. Rossville Drainage Dist., 270 Kan. 468, 486, 15 P.3d 338 (2000) (legal effect of written instrument question of law over which appellate court exercises unlimited review).

In Rich v. Farm Bur. Mut. Ins. Co., 250 Kan. 209, 824 P.2d 955 (1992), the Supreme Court explained the purpose of UM and UIM coverage in die following way:

“The purpose of the legislation mandating the offer of uninsured and under-insured motorist coverage is to fill the gap inherent in motor vehicle financial responsibility and compulsory insurance legislation. This coverage is intended to provide recompense to innocent persons who are damaged through the wrongful conduct of motorists who, because they are uninsured or underinsured and not financially responsible, cannot be made to respond in damages. [Citation omitted.]
“Uninsured and underinsured motorist coverage was developed by the Kansas Legislature as a means of protecting individuals from negligent uninsured or underinsured motorists. The purpose of K.S.A. 40-284 is to provide tire individual who is covered by the standard automobile liability policy with a right against his or her own insurer equal to that the insured would have against the uninsured or underinsured tortfeasor. [Citation omitted.]” 250 Kan. at 215-16.

See also 9 Couch on Insurance 3d § 122:3 (1997) (UIM insurance guarantees insured recovery up to limit of UIM coverage purchased; if person responsible for victim’s injuries insured for amount lower than victim’s UIM limit, victim able to recover difference under UIM policy).

Pursuant to K.S.A. 40-284(a), an automobile liability insurance policy must include coverage for damages caused by uninsured motorists in an amount equal to the limits of liability coverage for bodily injury or death. K.S.A. 40-284(b), in turn, mandates the inclusion of a UIM provision. The coverage limits of the UIM provision must be equal to the limits of liability provided by the UM coverage to allow the insured to recover damages from the insurer “to the extent such coverage exceeds the limits of the bodily injury [423]*423coverage carried by the owner or operator of the other motor vehicle.” K.S.A. 40-284(b).

K.S.A. 40-284(d) restricts coverage by disallowing “stacking”:

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Related

Kerns v. Alliance Indemnity Co.
515 S.W.3d 254 (Missouri Court of Appeals, 2017)
Bauer v. Farmers Insurance Co.
270 S.W.3d 491 (Missouri Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
65 P.3d 1063, 31 Kan. App. 2d 419, 2003 Kan. App. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-farmers-insurance-kanctapp-2003.