Polson v. Farmers Ins. Co., Inc.

The opinion of the court was delivered by

Luckert, J.:

This case involves two claims for survivors’ benefits against Farmers Insurance Co., Inc., following the tragic deaths of Timothy and Michelle Polson, who were found dead at the scene of a Kansas automobile accident. On appeal we consider whether Farmers was obligated to pay survivors’ benefits under K.S.A. 40-3103(y) to Timothy, Michelle, or their estates. This determination is dependent upon whether one or both of them qualify as a “survivor” as that word is defined under K.S.A. 40-3103(x) of the Kansas Automobile Injury Reparations Act…