Hetzel v. Clarkin

The opinion of the court was delivered by

Six, J.:

This case presents a first impression review of the Kansas Insurance Guaranty Association Act (the Guaranty Act), K.S.A. 40-2901 et seq. The context of our initial interpretation involves the relationship of uninsured motorist coverage held by a plaintiff asserting a personal injury claim against a defendant whose insurance carrier is insolvent.

Plaintiff Mary Hetzel appeals from the trial court’s dismissal with prejudice of her damage action against defendant Charles Clarkin. Hetzel’s claim arose out of injuries she sustained in an automobile…