RIVERSIDE INS. CO. v. McDOWELL


576 S.W.2d 268 (1979)

RIVERSIDE INSURANCE COMPANY, Appellant, v. Ezra McDOWELL, Jr., Individually and Ezra McDowell, Jr., as Administrator of the Estate of Kent Allen McDowell, Deceased, Appellees.

Court of Appeals of Kentucky.

January 5, 1979.


Attorney(s) appearing for the Case

Charles E. Moore, Owensboro, for appellant.

Tommy W. Chandler, Providence, for appellees.

Before HOGGE, VANCE and WHITE, JJ.


VANCE, Judge.

The question is whether an insurer may recover from its insured benefits paid to the insured under a mistaken impression that such payments were required by law.

Kent Allen McDowell, infant child of appellant Ezra McDowell, Jr., was injured when struck by an automobile operated by Glenda Head. Mrs. Head's insurer, Meridian Mutual Insurance Company, paid basic reparation benefits for losses sustained by appellee in the amount of $10,000.00. The...

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