Legal Opinion

Whitaker v. State Farm Mutual Automobile Insurance

Court of Appeals of Kansas

Decided February 10, 1989No. 62,670PublishedCited by 12 opinions

1Opinion of the Court

Davis, J.:

The plaintiff, Michael L. Whitaker, brought this action against his insurer, State Farm Mutual Automobile Insurance Company, to recover personal injury protection (PIP) benefits for an injury he sustained while unloading an ice chest from his van. The trial court granted summary judgment in plaintiff s favor but denied plaintiff s request for attorney fees. State Farm appeals, contending that the trial court erred by failing to recognize a distinction between accidental means and accidental results and by finding coverage for the accidental injury when only the result, and not the…

2Cases cited12 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  3. Gilliland v. Ash Grove Lime & Portland Cement Co.Supreme Court of Kansas · 1919
  4. Hand v. State Farm Mutual Automobile InsuranceCourt of Appeals of Kansas · 1978
  5. DiBassie v. AM. STANDARD INS. CO. OF WISCONSINCourt of Appeals of Kansas · 1983

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

3Cited by12 opinions

  1. Harrell v. Minnesota Mutual Life Insurance Co.Tennessee Supreme Court · 1996
  2. Pennsylvania National Mutual Casualty Insurance Company v. City Of PittsburgCourt of Appeals for the Tenth Circuit · 1993
  3. Farmers Insurance v. GilbertCourt of Appeals of Kansas · 1990
  4. Garrison v. State Farm Mutual Automobile InsuranceCourt of Appeals of Kansas · 1995
  5. State Farm Fire & Casualty Co. v. FalleyCourt of Appeals of Kansas · 1996

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

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