Long v. St. Paul Fire & Marine Ins. Co., 07-3285
In an action seeking uninsured motorist benefits for plaintiff's children who were injured while joyriding in a truck belonging to a construction company owned by the fifteen-year-old driver's father (the teen had no permission to drive the vehicle), dismissal of the complaint is affirmed where the truck was not an uninsured vehicle for purposes of the policy under either Kansas law or the policy's relevant language.
- Decided 12/14/2009
- Published 12/14/2009
TYMKOVICH, Circuit Judge., Before MURPHY, SEYMOUR, and TYMKOVICH, Circuit Judges.
United States Tenth Circuit
J. Darin Hayes (Deborah B. McIlhenny with him on the briefs), Hutton & Hutton, Wichita, KS, for Appellant.
Marc A. Powell (Michael L. Baumberger with him on the brief) Powell, Brewer & Reddick, LLP, Wichita, KS, for Appellee.