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HEPHNER v. TRADERS INS. CO.

No. 68,875

254 Kan. 226 (1993)

864 P.2d 674

TIPHANI J. HEPHNER, a minor, by and through her father and next friend, CLAUDE R. HEPHNER, Appellee, v. TRADERS INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1993.

Attorney(s) appearing for the Case

William A. Vickery, of McMaster and McMaster, of Wichita, argued the cause and Kevin M. McMaster, of the same firm, was with him on the briefs for appellant.

Bill H. Raymond, of Alpha-Omega Law Office, of Wichita, argued the cause, and Clay Cox, of the same firm, was on the briefs for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The issues in this appeal are what must be proved to recover "substitution benefits" under an automobile insurance policy and whether attorney fees should be paid by the insurance carrier.

The trial court held the minor child did not have to prove an "actual economic loss or any incurred expense" to receive "substitution benefits" under the policy. The Court of Appeals reversed the trial court's...

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