Legal Opinion

Farm Bureau Mutual Insurance Co. v. PROGRESSIVE DIRECT INS., CO.

Court of Appeals of Kansas

Decided August 22, 2008No. 98,199PublishedCited by 2 opinions

1Opinion of the Court

STANDRIDGE, J.:

This case involves the timeliness of an insurance subrogation claim. Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the district court’s decision to dismiss the case for failure to state a claim on grounds that the statute of limitations on the claim had expired. In dismissing the case, the district court held that Farm Bureau’s only potential claim for subrogation was grounded in tort, and Farm Bureau failed to assert its right of subrogation for this tort claim in a timely fashion. We affirm the district court’s decision.

Factual and Procedural Background

On…

2Cases cited13 opinions

  1. Gillespie v. SeymourSupreme Court of Kansas · 1991
  2. Marquis v. State Farm Fire & Casualty Co.Supreme Court of Kansas · 1998
  3. Rex v. WarnerSupreme Court of Kansas · 1958
  4. Nungesser v. BryantSupreme Court of Kansas · 2007
  5. McCormick v. Board of Shawnee County Comm'rsSupreme Court of Kansas · 2001

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3Cited by2 opinions

  1. Bouton v. ByersCourt of Appeals of Kansas · 2014
  2. McLean v. National Union Fire Ins. Co.Court of Appeals of Kansas · 2021

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