O'Donoghue v. Farm Bureau Mutual Insurance

The opinion of the court was delivered by

Davis, J.:

The question we must resolve involves an interpretation of K.S.A. 40-284(b) under undisputed facts. Chong Ae O’Donoghue died in an automobile accident and because of multiple claims against the tortfeasor’s liability coverage her estate recovered only a small portion of her actual damages from the tortfeasor. The district court determined, and the Court of Appeals agreed, that O’Donoghue was entitled to recover underinsured motorist (UIM) benefits for actual damages sustained up to the limit of her UIM coverage less the amount recovered from…