 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Farmers Insurance Company11/1/2002
Affirmed.
Bernadette Jokan appeals the district court's grant of summary judgment in favor of Farmers Insurance Company, Inc. (Farmers).
The underlying facts in this case are not in dispute and have been stipulated to by the parties.
On June 10, 2000, Ranol Jokan was riding in a car driven by James Syrokosz. The car crossed the centerline and struck several vehicles. Ranol died as a result of his injuries. At the time of the accident, Farmers insured the Syrokosz car. The policy limited liability to $100,000 per person and $300,000 per occurrence, subject to the terms and conditions listed within the policy.
Ranol was survived by his wife, Bernadette Jokan, and two minor children--Alexander Jokan, who was 2 years old, and Malia Jokan, who was 4 years old, at the time this action was filed. The surviving Jokans demanded personal injury protection benefits and compensatory damages. Farmers agreed to pay the policy limits for personal injury protection benefits, plus $100,000, the per person limit under the liability section of the policy.
The Jokans demanded payment of $300,000 under the "per occurrence" limitation of liability. Their position is that the "Limits of Liability" section of the policy is ambiguous. Also they contend the loss of Ranol's earnings is not within the "per person" policy limits but is a covered loss under the per occurrence cap.
The district court granted summary judgment in favor of Farmers. The court found that the policy language regarding the limits of liability was not ambiguous and limited the damages of the Jokans to $100,000.
Resolution of this issue requires interpretation of both the insurance policy and the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq. Interpretation of an insurance contract is a question of law. Harris v. Richards, 254 Kan. 549, Syl. 1, 867 P.2d 325 (1994). Interpretation of a statute is also a question of law. This court's review over questions of law is unlimited. See Rose & Nelson v. Frank, 25 Kan. App. 2d 22, 24, 956 P.2d 729, rev. denied 265 Kan. 888 (1998).
The policy Farmers issued to Syrokosz provided:
"We will pay damages for which any insured person is legally liable because of bodily injury to any person, and/or property damage arising out of the ownership, maintenance or use of a private passenger car, a utility car, or a utility trailer.
"Limits of Liability
"The limits of liability shown in the Declarations apply subject to the following.
1. The bodily injury liability limit for 'each person' is the maximum for bodily injury sustained by one person in any occurrence. Any claim for loss of consortium or injury to the relationship arising from this injury shall be included in this limit.
2. Subject to the bodily injury liability limit for 'each person' the bodily injury liability limit for 'each occurrence' is the maximum combined amount for bodily injury sustained by two or more persons in any occurrence.
3. The property damage liability limit for 'each occurrence' is the maximum for all damages to all property in any one occurrence.
4. We will pay no more than the maximum limits provided by this policy regardless of the number of vehicles insured, insured persons, claims, claimants or policies, or vehicles involved in the occurrence."
The policy also provided the following definitions:
"Accident or occurrence means a sudden event, including continuous or repeated exposure to the same conditions, resulting in bodily injury or property damage neither expected nor intended by the in
Page 1 2 3 4 5 6 Kansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|