18 Kan. App. 2d 365 - Overbaugh v. Strange’s Empirical Analysis

Citation profile

2 district · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““K.S.A. 1992 Supp. 40-3104(f) defines the responsibilities of a self-insurer. That statute provides that KCPL, if it has more than 25 vehicles registered in its name in Kansas, may qualify as a self-insurer. To do so, the insurance commissioner must be satisfied that KCPL is possessed of the ability to pay any judgment obtained against ‘such person’ (KCPL) arising out of the use of a KCPL-owned vehicle. Failure to pay a judgment against KCPL as self-insurer within 30 days is grounds for cancellation of the certificate of self-insurance. “In other words, KCPL had no obligation to pay any judgment against Strange. It was obligated only to pay a judgment against itself. Since KCPL had no obligation to pay a judgment against Strange, we fail to see how it could have a duty to defend Strange against a judgment for which it was not responsible.” 18 Kan. App. 2d at 367-68 .”

   1 later decision quote this exact passage
   e.g. Overbaugh v. Strange

2. “"Strange, while driving a KCPL vehicle, had an accident with plaintiff Robin C. Overbaugh, following which Strange was arrested for driving while under the influence. Strange was later discharged from his employment. KCPL settled with plaintiff, and the only remaining issue is KCPL’s obligation to defend its former employee. “KCPL is a Missouri corporation and has certificates of self-insurance in both Missouri and Kansas. The accident occurred in Kansas . . . .” 18 Kan. App. 2d at 365-66 .”

   1 later decision quote this exact passage
   e.g. Overbaugh v. Strange

3. ““[t]lie duty to defend is not imposed by operation of law — it is imposed by agreement. Glenn v. Fleming, 247 Kan. 296, 312 , 799 P.2d 79 (1990) “As a self-insurer, KCPL’s obligations are not necessarily the same as a regular insurance company. The certificate of self-insurance is not a motor vehicle liability policy. See Glens Falls Ins. Co. v. Consolidated Freightways, 242 Cal. App. 2d 774 , 51 Cal. Rptr. 789 (1966).” 18 Kan. App. 2d at 367 .”

   1 later decision quote this exact passage
   e.g. Overbaugh v. Strange