Legal Opinion

Brown v. USAA Casualty Insurance

Court of Appeals of Kansas

Decided October 30, 1992No. 67,534PublishedCited by 21 opinions

1Opinion of the Court

Brazil, J.:

This is an interlocutory appeal brought by USAA Casualty Insurance Co. (USAA) from the court’s order denying its motion for summary judgment and refusing to enforce an “exhaustion clause” in USAA’s policy. We affirm and remand for further proceedings.

Kimberly Brown originally brought this action against Timothy S. Bernard, alleging that Bernard’s negligence caused her injuries in an automobile accident. Bernard was successful in obtaining a dismissal of the claims against him because they were not filed within the two-year statute of limitations specified in K.S.A. 1991 Supp.…

2Cases cited8 opinions

  1. Winner v. RatzlaffSupreme Court of Kansas · 1973
  2. Van Hoozer v. Farmers Insurance ExchangeSupreme Court of Kansas · 1976
  3. Forrester Ex Rel. Forrester v. State Farm Mutual Automobile InsuranceSupreme Court of Kansas · 1973
  4. Clayton v. Alliance Mutual Casualty Co.Supreme Court of Kansas · 1973
  5. Haas v. FreemanSupreme Court of Kansas · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Pemberton v. Farmers Insurance ExchangeNevada Supreme Court · 1993
  2. Taylor v. Government Employees Insurance Co.Hawaii Supreme Court · 1999
  3. McArthur v. State Farm Mutual Automobile Insurance Co.Utah Supreme Court · 2012
  4. Curran v. Progressive Northwestern Insurance Co.Alaska Supreme Court · 2001
  5. Hill v. American Family Mutual InsuranceIdaho Supreme Court · 2011

16 more not listed; retrieve them via the Exa API.

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