Overbaugh v. Strange

The opinion of the court was delivered by This case involves the relationships under K.S.A. 1992 Supp.
40-3103(u) between Kansas City Power & Light Company (KCPL), a
nonresident self-insurer employer, and James Strange, an
employee, arising from their status as codefendants in an
automobile negligence action. KCPL owned and self-insured the
vehicle Strange was driving when he was involved in an accident.
The trial court granted summary judgment for Strange on a
cross-claim against him by KCPL, holding that Strange was acting
within the scope of his employment and that KCPL had a duty to
defend Strange and to pay attorney fees incurred by Strange. The
Court of Appeals reversed. Overbaugh v. Strange,
18 Kan. App. 2d 365, 853 P.2d 80 (1993). We granted Strange's petition for
review. We affirm the result of the Court of Appeals opinion. We modify
the opinion's analysis of the application of K.S.A. 1992 Supp.
40-3104(f) to KCPL. See Strange, 18 Kan. App. 2d at 367.