PROGRESSIVE CAS. INS. CO. v. KIDD


602 S.W.2d 416 (1980)

PROGRESSIVE CASUALTY INSURANCE COMPANY, Movant, v. Brenda KIDD, Larry D. Raikes and Lewis, Bland & Preston, Respondents.

Supreme Court of Kentucky.

May 13, 1980.


Attorney(s) appearing for the Case

Redford H. Coleman, C. Michael Weldon, Collier, Arnett & Coleman, Elizabethtown, for movant.

Larry D. Raikes, Hodgenville, Paul M. Lewis, Lewis, Bland & Preston, Elizabethtown, for respondents.


STEPHENS, Justice.

This case raises the question whether an insurer which pays basic reparation benefits (BRB) to its insured under an automobile "no-fault" policy must be reimbursed when the insured recovers a judgment for the same elements of damages covered by the prepaid benefits, but the insurance company has not complied with the provisions of KRS 304.39-070(2) and (3). The Larue Circuit Court and the Court of Appeals held that the procedures outlined in that...

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