Hernandez v. Guaranty National Insurance

Rulon, C.J.:

Plaintiff Vanessa Simental Hernandez appeals the decision of the district court denying her personal injury protection survivor s benefits. We affirm.

On May 24, 1997, Theodora Hernandez died from injuries sustained in a vehicle collision in Colorado. At the time of the collision he was driving a Nissan Maxima owned by Sandra Simental. Theodora and Sandra were not married, but they lived together in Kansas and had a child, Vanessa Simental Hernandez, bom March 15, 1997. Sandra had insured the car with Guaranty National Insurance Company (Guaranty).

Plaintiff filed a petition against…