Logourl black
From our private database of 14,000+ case briefs...

Farm Bureau Mutual Insurance Company v. Evans

Court of Appeals of Kansas
637 P.2d 491 (1981)


Facts

David and Karen Evans (plaintiffs) were attending a going-away party held in their honor. The party had kegs of beer and bonfires. During the party, it started to rain. Damon Rose parked his family station wagon so that it faced the bonfire. The station wagon had three seats. One of the back seats faced the station wagon’s rear window. Mike Ehinger was sitting in that seat. Ehinger, with the help of Damon Rose’s wife, Kathy Rose, and Danny Ireland, threw an explosive device out the back of the station wagon. The device landed in Karen Evans’ beer and exploded. She suffered extensive injuries. The Evanses sued Kathy Rose, Ehinger, and Ireland. Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau) (defendant) insured the Rose automobile. Farmers Insurance Company, Inc. (Farmers) (defendant) insured Ehinger’s automobile. Both policies covered bodily injury arising out of the ownership, maintenance, or use of an insured automobile. The trial court granted summary judgment against Farm Bureau and Farmers and determined that Farm Bureau and Farmers were required to cover Karen Evans’ injuries. The trial court determined that Karen Evans’ injuries were covered because the Rose station wagon was being used as a shelter, and using a car as a shelter is a reasonable use of the car, which was contemplated by the parties to the insurance contract. Farm Bureau and Farmers appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Abbott, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.