Schartz v. Kansas Health Ins. Ass'n

The opinion of the court was delivered by

Gernon, J.:

In this appeal by the Kansas Health Insurance Association (KHIA), we are required to interpret the language of a health insurance policy that the trial court found to be ambiguous. The facts involved are either undisputed or stipulated.

The interpretation of a written insurance policy based on stipulated facts is a question of law over which this court has unlimited review. Colfax v. Johnson, 270 Kan. 7, 10, 11 P.3d 1171 (2000); United Services Auto. Ass’n v. Morgan, 23 Kan. App. 2d 987, 992, 939 P.2d 959, rev. denied 262 Kan. 969 (1997).

Wade…