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February 2, 2009

Wrongful Death and Survivor Statutes Construed in Kansas

Polson v. Farmers Ins. Co. (Ks. 2009) is one of those cases that bugs me, since I have a really really really hard time justifying the literalistic result of the case with... common sense. A couple is killed in a car wreck. No proof that one survived the other, and I assume such proof was impossible given they died nearly instantly. They have a policy that requires payment of funeral expenses to a "survivor."

It addresses the "specific/general" canon, and other issues. Ultimately, it seems to me odd that there must be proof that one person did not, even momentarily, survive the other. My intuition tells me it is probably impossible that one did not, in fact, "survive," the other; what are the odds of truly simultaneous death?

Anyhow, it's an interesting case. Legislators, if you're reading...

February 2, 2009 | Permalink


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