Opinion
No. 47,036
Opinion filed January 26, 1974.
SUPPLEMENTAL OPINION
SYLLABUS BY THE COURT
INSURANCE — Interest Allowed. A paragraph relating to allowance of interest appearing in the original opinion in Forrester v. State Farm Mutual Automobile Ins. Co., 213 Kan. 442, 516 P.2d 173 [decided December 8, 1973] is deleted and the holding of this court with respect to allowance of interest is restated.
Appeal from McPherson district court; SAM H. STRUM, judge. Opinion allowing motion for rehearing and modifying decision filed January 26, 1974.
Evart Mills, of Mills and Mills, of McPherson, argued the cause and was on the brief for the appellant.
Raymond L. Dahlberg, of Turner, Chartered, of Great Bend, argued the cause, and Lee Turner, of Turner, Chartered, of Great Bend, was with him on the brief for the appellee.
The opinion of the court was delivered by
The appellant (plaintiff) has filed a motion for rehearing directed at our ruling disallowing interest appearing in the last paragraph of our opinion in the above entitled case ( Forrester v. State Farm Mutual Automobile Ins. Co., 213 Kan. 442, 516 P.2d 173 [decided December 8, 1973]). Appellee has not responded to appellant's motion.
After consideration, we find the motion should be allowed. Therefore, the paragraph of our opinion referred to is deleted. In its stead we hold that judgment should be entered for appellant in the amount of $10,000.00 with interest thereon at the rate of six percent per annum from November 21, 1971, until judgment is entered. Thereafter, the judgment will bear interest at the legal rate of eight percent per annum.
In all other respects we adhere to our original opinion.