Legal Opinion
Hephner ex rel. Hephner v. Traders Insurance
Court of Appeals of Kansas
Decided May 21, 1993No. 68,875PublishedCited by 1 opinion
1Opinion of the Court
ELLIOTT, J.:
Traders Insurance Company (Traders) appeals the trial court’s award of substitution benefits under its insurance policy and the trial court’s award of attorney fees.
We reverse.
The facts are essentially undisputed. Tisha Hephner was killed in an auto accident, leaving daughter Tiphani as her sole heir. Tisha’s parents, Claude and Judy Hephner, then cared for Tiphani and eventually adopted her. Judy then died.
Claude eventually demanded of Traders $25 per day for benefits under the Traders policy. At trial, the district court found that Tiphani was a survivor and was therefore…
2Cases cited4 opinions
- Hand v. State Farm Mutual Automobile InsuranceCourt of Appeals of Kansas · 1978
- Adkins v. Auto Owners InsuranceMichigan Court of Appeals · 1980
- Fandray v. Nationwide Mutual InsuranceSuperior Court of Pennsylvania · 1983
- Guenther v. Austin Mutual Insurance Co.Court of Appeals of Minnesota · 1986
3Cited by1 opinion
- Hephner v. Traders InsuranceSupreme Court of Kansas · 1993