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RUSSELL v. MACKEY

No. 50,153

225 Kan. 588 (1979)

592 P.2d 902

MAXINE RUSSELL, Appellee-Cross-Appellant, v. LINDA MACKEY, Defendant, and HARTFORD INSURANCE COMPANY, Intervenor-Appellant.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

Hal Pierce, of Couch, Covell, Dickerson, and Strausbaugh, of Mission, argued the cause and was on the briefs for the appellant.

James L. Crabtree, of Schnider, Shamberg, and May, Chartered, of Shawnee Mission, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a dispute between an insured and her no-fault insurance carrier over the subrogation rights of the insurance company for PIP benefits paid, where the insured had recovered damages for her personal injuries by a settlement and judgment from a third-party tortfeasor. The facts in the case are undisputed and are as follows: Plaintiff-appellee, Maxine Russell, was injured in an automobile accident on...

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