· 10/25/2002
O'Bryan v. Columbia Insurance Group
Citations
- 56 P.3d 789
- 274 Kan. 572
- 2002 Kan. LEXIS 683
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding if policy language is ambiguous, “the policy will be liberally construed in favor of the insured.”
- finding a coverage limitation provision ambiguous after some provisions supported a $40,000 per loss interpretation and one provision supported a $40,000 limitation for all losses sustained within the policy period
- construing an insurance policy, “a court should consider the instrument as a whole” and if the “insurance policy’s language is clear and unambiguous, it must be taken in its plain, ordinary, and popular sense”
- Supreme Court criticized the Court of Appeals for making what it perceived to be a public policy decision
- \We have previously acknowledged that the declaration of public policy is primarily a legislative function.\
- “In construing a policy of insurance, a court should consider the instrument as a whole and endeavor to ascertain the intention of the parties from the language used[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lockett, Larson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.