McNemee v. Farmers Insurance Group

The opinion of the court was delivered by

Fromme, J.:

This is a direct appeal by plaintiff, Donald R. McNemee, from an order of the district court upholding an exclusion in policies covering nonoccupied vehicles as authorized by K.S.A. 1979 Supp. 40-3108(a). The exclusion precludes “stacking” medical personal injury protection (PIP) benefits.

To obtain insurance loss payments on duplicate coverages is often referred to as “stacking,” and the word stacking refers to the ability of an insured to recover under two or more endorsements for a single loss suffered by the insured.

The facts of this case…