Legal Opinion

Western Casualty & Surety Co. v. Universal Underwriters Insurance

Supreme Court of Kansas

Decided January 14, 1983No. 54,491PublishedCited by 18 opinions

1Opinion of the Court

The opinion of the court was delivered by

McFarland, J.:

This is a dispute between two insurance companies concerning: (1) the legal effect of mutual “other insurance” excess coverage provisions and (2) whether automobile insurance mandated by the Kansas Automobile Injury Reparations Act, K.S.A. 1978 Supp. 40-3101 et seq. is primary coverage.

The case was submitted to the trial court on the following stipulated facts:

“STIPULATION OF FACTS
“1. Western [Casualty and Surety Company] and Universal [Underwriters Insurance Company] are now and have been at all material times herein insurance companies…

2Cases cited16 opinions

  1. Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
  2. Cosmopolitan Mutual Insurance v. Continental Casualty Co.Supreme Court of New Jersey · 1959
  3. DeWitt v. YoungSupreme Court of Kansas · 1981
  4. Continental Cas. Co. v. WeekesSupreme Court of Florida · 1954
  5. Arditi v. Massachusetts Bonding & Insurance Co.Supreme Court of Missouri · 1958

11 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Equity Mutual Insurance Co. v. Spring Valley Wholesale Nursery, Inc.Supreme Court of Oklahoma · 1987
  2. Allstate Insurance Co. v. Avis Rent-A-Car System, Inc.Supreme Court of Colorado · 1997
  3. Universal Underwriters Insurance v. Allstate InsuranceSupreme Court of New Hampshire · 1991
  4. American Casualty Co. of Reading v. Phico InsuranceSupreme Court of Pennsylvania · 1997
  5. Hoffmaster v. Harleysville InsuranceSuperior Court of Pennsylvania · 1995

13 more not listed; retrieve them via the Exa API.

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