Ray v. Caudill

The opinion of the court was delivered by

Davis, J.:

The plaintiffs obtained a $2,000,000 judgment against a tortfeasor as a result of a collision in Kansas. They sought, through garnishment action, to collect this amount under the underinsurance provisions of the insurer’s South Dakota policy. The trial court determined that South Dakota law, not Kansas law, applied and granted the plaintiffs’ summary judgment for $300,000. The plaintiffs appeal. The insurer cross-appeals, raising what is the dispositive issue in this case: lack of jurisdiction in garnishment.

The decedent, Terry L. Ray, was…