Stewart v. Capps

The opinion of the court was delivered by

Lockett, J.:

Plaintiff Darlene Stewart appealed the district court’s grant of summary judgment after it determined that the American States Insurance Company (ASIC) policy provision which provided that any amounts otherwise payable under uninsured motorist coverage would be reduced by all sums paid under the liability coverage of its policy. The Court of Appeals reversed. Subsequently, the Court of Appeals revised its original opinion and eliminated language which prohibited Stewart from receiving duplicate damages under the policy. 14 Kan. App. 2d 356,…