In Kerns vs. Alliance Indemnity Company , Kerns was in a head on accident with an uninsured driver. Kerns obtained a judgment in Kansas against the operator of the other vehicle for negligence and against the owner of the other vehicle for negligently entrusting the vehicle to the operator at the time of the accident, each of whom was found to be 50% liable. Because the collision occurred in Kansas, the circuit court applied Kansas law, which bars the stacking of uninsured motorist coverage. The policies provided a maximum payout per insured per accident and Kansas law provides that the number of tortfeasors—one for negligent entrustment and one for negligent driving—is irrelevant. There was only one accident, and it didn’t matter how many tortfeasors were involved. The policy limit very plainly referred to “all damages . . . arising out of ‘bodily injury’ sustained by any one person in any one accident.”
Though both the owner and the operator were legal causes of Cherity Kerns’s injuries in the sense that both of their negligent acts contributed to her injuries, there was but one event causing the harm overall—the single head-on collision.
Summary judgment against the policyholder was affirmed.