Kansas Farm Bureau Life Insurance v. Farmway Credit Union

The opinion of the court was delivered by

Allegrucci, J.:

Kansas Farm Bureau Life Insurance Company, Inc., (KFB) sued Farmway Credit Union (Farmway) to recover policy proceeds it paid under a mistaken belief that the insured was dead. The district court entered summary judgment in KFB’s favor on the grounds that KFB was entitled to repayment on an implied contract theory and that its cause of action was not barred by the three-year statute of limitations because it did not accrue until KFB discovered that the insured was alive. The Court of Appeals affirmed, and we granted Farmway’s petition…