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VARNER v. GULF INS. CO.

No. 68,854

254 Kan. 492 (1994)

866 P.2d 1044

EUGENE A. VARNER, Appellee, v. GULF INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1994.

Attorney(s) appearing for the Case

Timothy J. Finnerty, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Susan G. Saidian, of the same firm, was with him on the briefs for the appellant.

Robert A. Levy, of Garden City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This appeal involves whether underinsured motorist coverage is available in this personal injury case. We hold that the appellant, Gulf Insurance Company, has acquiesced in the judgment and dismiss the appeal.

On May 30, 1989, Eugene L. Varner was injured in a motor vehicle collision when the semi-tractor trailer rig he was driving was struck by a pickup...

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