Mitchell v. Liberty Mutual Insurance

The opinion of the court was delivered by

Davis, J.:

The question we must resolve in this appeal is which of two separate policies providing underinsured motorist coverage applies to the plaintiffs damages. Plaintiff Michael P. Mitchell claimed Kansas law mandated that his employer’s insurance contract with Liberty Mutual Insurance Company (Liberty) provide underinsured coverage equal to the limits of the liability coverage based upon the employer’s failure to properly reject such coverage under K.S.A. 40-284. The trial court awarded summary judgment in favor of Liberty, concluding that the…