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· 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 CourtListener

Sourced 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.