Davis v. Hughes

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by Western Casualty & Surety Company from an order of the district court: (1) authorizing the stacking of benefits of three uninsured motorist coverages; (2) authorizing the stacking of personal injury protection (PIP) benefits of three coverages; and (3) retrospectively applying the repeal of K.S.A. 1976 Supp. 40-3113(c) relative to the setoff of paid PIP benefits from uninsured motorist benefits due.

The appeal is before us upon an agreed statement of the case pursuant to Supreme Court Rule No. 3.05 (225 Kan. xxxvii).…