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006-011:006-011 5/18/10 10:59 AM Page 6 ® INSURANCE-RELATED COURT CASES © Rough Notes Co., 2010 JUNE 2010 • VOLUME 153, No. 6 Digested from case reports published in Westlaw, Staff West Publishing Co., St. Paul, MN Editor in Chief COURT DECISIONS Thomas A. McCoy email@example.com Senior Editor Nancy Doucette firstname.lastname@example.org Associate Editor Elisabeth Boone, CPCU email@example.com Associate Editor Dennis Pillsbury firstname.lastname@example.org Assistant Editor Elaine Tolen email@example.com Editorial Assistant Mother seeks UIM payment in noted that it was enough that Speer Alice A. Roettger child’s school bus death had shown that she was legally Art Director/Photographer entitled to recover damages exceeding Paul B. Riley On October 13, 2003, 6-year-old her portion of the $500,000 cap. The firstname.lastname@example.org Joseph Gordon was killed in a school court then concluded that the statutory bus accident. Several other children cap of $500,000 for all damages arising Graphic Designer were injured. The bus driver, an out of the accident did not affect Farm Linda A. Lange email@example.com employee of the school district, was Bureau’s liability to pay Speer found to be solely negligent. The underinsured motorist benefits for Production/Advertising Coordinator families of the children incurred damages caused by the bus driver. Georgianna Quinn approximately $420,000 in medical The decision of the lower court firstname.lastname@example.org and funeral expenses; future medical was affirmed. Tricia Cutter expenses of $100,000 were anticipated. Speer vs. Farm Bureau Mutual email@example.com At the time of the accident, the Insurance Company, Inc.-No. 102,460- Circulation school district was insured under a Court of Appeals of Kansas-March 26, Michelle Mason State Farm Mutual Automobile 2010-226 Pacific Reporter 3d 558. firstname.lastname@example.org Insurance Company policy with liability limits of $100,000 per person Contributing Editors and $300,000 per accident. The Rocky road for auto wholesaler Scott Addis Kansas Tort Claims Act limited the Rocky Greenfield owned a wholesale email@example.com liability of the district and the driver motor vehicle dealership called G&G Robert L. Bailey to a total of $500,000 for all claims. Liquidation and Auction Company. In firstname.lastname@example.org Joseph’s mother, Cynthia Speer, sued April 2005, Greenfield entered into an Adam DeGraide the district and received a judgment agreement with Ron Medlen of email@example.com in the amount of $84,500, her Silverauto Sales to sell a truck on Kevin P. Hennosy allotment of the $500,000 limit. consignment. Upon sale of the truck, firstname.lastname@example.org Speer had a Farm Bureau Mutual Medlen was to pay Greenfield $15,000, Emily Huling, CIC, CMC Insurance Company standard and Greenfield was to deliver the title. email@example.com automobile insurance policy under Medlen sold the truck for $16,550 and Patrick Linnert which she sought underinsured deposited the customer’s check into his firstname.lastname@example.org motorist coverage for the portion of business bank account. Soon thereafter, John Edward Love, CPCU her damages that exceeded the and before Greenfield could deliver email@example.com $84,500 judgment. Farm Bureau title, Silverauto’s bank froze the Donald S. Malecki, CPCU argued that its policy provided account. Medlen informed Greenfield of firstname.lastname@example.org benefits only for damages Speer was the situation. Medlen deposed that he Michael J. Moody, MBA, ARM “legally entitled to recover,” and that did not intend to deprive Greenfield of email@example.com because the Kansas Tort Claims Act the vehicle without paying for it. He Sean Neumayer limited the school district’s liability later filed bankruptcy. Greenfield firstname.lastname@example.org to $500,000, Speer had recovered remained unpaid. Kim Paterson what she was entitled to: her portion Greenfield had a Western Heritage email@example.com of the $500,000. Speer filed suit Insurance Company commercial garage Curtis M. Pearsall, CPCU, AIAF, CPIA against Farm Bureau. The court policy. The policy provided that Western firstname.lastname@example.org found in favor of Speer, awarding her would cover loss to a “covered auto” Roger Sitkins $85,229.06. Farm Bureau appealed. caused by “theft.” However, in a section email@example.com On
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