OHIO SEC. INS. CO. v. DRURY


582 S.W.2d 64 (1979)

OHIO SECURITY INSURANCE COMPANY, Appellant, v. Francis W. DRURY and Insurance Company of North America, Appellee. MOTORIST MUTUAL INSURANCE COMPANY, Appellant, v. EQUITY MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied June 26, 1979.


Attorney(s) appearing for the Case

Lee E. Sitlinger, John L. Bennett, Hogan, Taylor, Denzer & Bennett, Louisville, for appellant, Ohio Sec. Ins. Co.

William A. Miller, Louisville, John H. Rompf, Jr., White, McCann & Stewart, Winchester, for appellant, Motorist Mut. Ins. Co.

Kenneth L. Anderson, Woodward, Hobson & Fulton, Louisville, for appellee, Ins. Co. of North America.

Elwood Rosenbaum, Natalie S. Wilson, Eblem, Milner, Rosenbaum & Wilson, Lexington, for appellee, Equity Mut. Ins. Co.

Kevin A. George, Eli J. George, Jr., Louisville, for appellee, Francis W. Drury.

Before HAYES, REYNOLDS and WILHOIT, JJ.


HAYES, Judge.

These two cases have been heard together by this court because they have a common issue, that being, whether a reparations obligor which has paid basic reparations benefits, or personal injury protection [hereinafter called PIP] to the party not-at-fault in the automobile accident is entitled by KRS 304.39-070 to a recovery of those benefits from the liability insurer of the tort-feasor. The trial courts, in...

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