Kilner v. State Farm Mutual Automobile Insurance

The opinion of the court was delivered by

Lockett, J.:

Plaintiff Wayne Kilner, who was injured by an underinsured motorist, appeals the district court’s grant of summary judgment to his insurer, State Farm Mutual Automobile Insurance Company (State Farm). The order allows plaintiff’s insurer, pursuant to K.S.A. 1992 Supp. 40-284(e)(4), to offset against its underinsured motorist coverage liability nonduplicative workers compensation benefits paid by the plaintiff’s employer’s insurer.

The appeal is on an agreed statement pursuant to Supreme Court Rule 3.05 (1992 Kan. Ct. R. Annot. 17). Facts set…