Riley v. Allstate Insurance Co.

281 P.3d 591, 48 Kan. App. 2d 60, 2012 WL 3139370, 2012 Kan. App. LEXIS 81
CourtCourt of Appeals of Kansas
DecidedAugust 3, 2012
DocketNo. 106,817
StatusPublished

This text of 281 P.3d 591 (Riley v. Allstate Insurance Co.) 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
Riley v. Allstate Insurance Co., 281 P.3d 591, 48 Kan. App. 2d 60, 2012 WL 3139370, 2012 Kan. App. LEXIS 81 (kanctapp 2012).

Opinion

Greene, C.J.:

Marian Riley and her parents, Jack and Julie Riley, appeal the .district court’s summaiy judgment against them on their claim against Allstate Insurance Company and Allstate Property and Casualty Insurance Company (collectively referred to as Allstate) for personal injury protection (PIP) benefits on the parents’ Allstate policy after collecting the maximum PIP benefit under Marian’s Allstate policy. The Rileys argue drat K.S.A. 40-3109(b) is applicable and does not prohibit stacking benefits under [61]*61these circumstances. We disagree, concluding that the applicable statute is K.S.A. 40-3109(a)(3) and that it implies that an insurer need not pay PIP benefits under the parents’ policy under these circumstances. Thus, we affirm the district court as correct for a different reason.

Factual and Procedural Background

Marian Riley was driving her parents’ vehicle when she took evasive action to avoid an object on the highway and suffered serious injuries when the vehicle left the road and overturned. Both Marian and her parents carried separate Allstate automobile policies, which each provided $25,000 in PIP benefits. When Marian made PIP claims under both policies, Allstate paid the maximum benefit under Marian’s policy but refused to pay PIP benefits under her parents’ policy even though Marian was a listed driver on that policy and her eligible loss exceeded the $25,000 already paid by Allstate. The record does not reflect and the parties do not address whether policy language itself addressed stacking of benefits under these circumstances; in fact, the entirety of the policies at issue are not a part of the record on appeal.

Marian filed an action against Allstate, claiming the insurance company was obligated to pay PIP benefits due under both policies. Allstate filed a motion for summary judgment, alleging there were no controverted facts and under the language of K.S.A. 40-3109(b) (which was also specifically reflected by language in the policies), where “two or more insurers”—or policies—are liable to pay PIP benefits for the same injury, “the maximum benefits payable from all applicable policies shall be the highest limit of any one policy providing [such personal injury protection] benefits.” Marian maintained that the anti-stacking language of the statute and policies did not apply where she had outstanding medical bills exceeding the maximum benefit under each policy; thus, she argued that under her circumstances additional PIP benefits would not constitute a windfall.

At summary judgment, both parties focused their arguments on K.S.A. 40-3109(b), with Marian relying on Bradley v. AID Insurance Co., 6 Kan. App. 2d 367, 629 P.2d 720, rev. denied 230 Kan. [62]*62817 (1981), and with Allstate arguing that a 1984 amendment to this subsection expressly limited PIP recovery to one policy. The district court granted summary judgment in favor of Allstate.

On appeal, this court believed the case was likely controlled not by K.S.A. 40-3109(b) but rather by K.S.A. 40-3109(a)(3). Accordingly, after oral argument, the court invited each party to submit a supplemental brief addressing the potential applicability of this statutory subsection. Supplemental briefing from each party was filed and has now been considered by the court.

Standards of Review

From our review of both appellate briefs, we do not perceive there to be any disputed facts, thus reducing this appeal to a question of law. Where there is no factual dispute, appellate review of an order regarding summary judgment is de novo. Adams v. Board of Sedgwick County Comm’rs, 289 Kan. 577, 584, 214 P.3d 1173 (2009). Although Marian suggests that the district court “failed to consider whether a genuine issue as to any material fact existed or not,” she does not argue on appeal that any such dispute of material fact should have precluded summaiy judgment.

Interpretation of a statute presents a question of law over which we have unlimited review. Unruh v. Purina Mills, 289 Kan. 1185, 1193, 221 P.3d 1130 (2009). The most fundamental rule of statutory interpretation is that the intent of the legislature governs if that intent can be ascertained. Our first task is to ascertain the legislature’s intent through the statutory language it employs, giving ordinaiy words their ordinary meaning. When a statute is plain and unambiguous, we do not speculate as to the legislative intent behind it and will not read the statue to add something not readily found in it. Redd v. Kansas Truck Center, 291 Kan. 176, 188, 239 P.3d 66 (2010). Only if the statute’s language or text is unclear or ambiguous do we move to the next analytical step, applying canons of construction or relying on legislative history to construe the statute to effect the legislature’s intent. Phillips v. St. Paul Fire & Marine Ins. Co., 289 Kan. 521, 525, 213 P.3d 1066 (2009).

The legal effect of an insurance policy is also a question of law over which we exercise unlimited review. Halsey v. Farm Bureau Mut. Ins. Co., 275 Kan. 129, 132, 61 P.3d 691 (2003).

[63]*63Did the District Court Err in Granting Summary Judgment to Allstate?

The purpose of the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq., “is to provide a means of compensating persons promptly for accidental bodily injury arising out of the ownership, operation, maintenance, or use of motor vehicles in lieu of liability for damages.” K.S.A. 40-3102. To this end, every owner of a motor vehicle operated on Kansas highways must purchase motor vehicle liability insurance coverage in accordance with the KAIRA. K.S.A. 2011 Supp. 40-3104(a).

Every motor vehicle liability policy issued to an owner in this state must “insure the person named and any other person, as insured, using any such vehicle with the express or implied consent of such named insured, against loss from the liability imposed by law,” subject only to the limits stated in tire policy. K.S.A.

Related

Dreiling v. State Farm Mutual Automobile Insurance
610 P.2d 611 (Supreme Court of Kansas, 1980)
Farm & City Insurance v. American Standard Insurance
552 P.2d 1363 (Supreme Court of Kansas, 1976)
Bradley v. AID Insurance Co.
629 P.2d 720 (Court of Appeals of Kansas, 1981)
Eidemiller v. State Farm Mutual Automobile Insurance
933 P.2d 748 (Supreme Court of Kansas, 1997)
Redd v. Kansas Truck Center
239 P.3d 66 (Supreme Court of Kansas, 2010)
Robbins v. City of Wichita
172 P.3d 1187 (Supreme Court of Kansas, 2007)
Phillips v. St. Paul Fire & Marine Insurance
213 P.3d 1066 (Supreme Court of Kansas, 2009)
Adams v. BOARD OF SEDGWICK COUNTY COM'RS
214 P.3d 1173 (Supreme Court of Kansas, 2009)
Unruh v. PURINA MILLS, LLC
221 P.3d 1130 (Supreme Court of Kansas, 2009)
Halsey v. Farm Bureau Mutual Insurance
61 P.3d 691 (Supreme Court of Kansas, 2003)
Hernandez v. Guaranty National Insurance
22 P.3d 1075 (Court of Appeals of Kansas, 2001)
Adams v. Board of Sedgwick County Commissioners
214 P.3d 1173 (Supreme Court of Kansas, 2009)

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Bluebook (online)
281 P.3d 591, 48 Kan. App. 2d 60, 2012 WL 3139370, 2012 Kan. App. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-allstate-insurance-co-kanctapp-2012.