FIREMAN'S FUND INS. CO. v. BENNETT


635 S.W.2d 482 (1981)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. Lillian BENNETT, Lawrence Bennett and Government Employees Insurance Company, Appellees.

Court of Appeals of Kentucky.

August 14, 1981.


Attorney(s) appearing for the Case

Kenneth H. Baker, James S. Scroghan, Louisville, for appellant.

Reford H. Coleman, Ginny M. Hamm, Elizabethtown, Joseph Fineman, Louisville, for appellees.

Before GANT, GUDGEL and VANCE, JJ.


VANCE, Judge.

The question presented is whether an insurance carrier which has paid basic reparations benefits pursuant to the Motor Vehicle Reparations Act has a right to recover its payments from a tortfeasor causing the injury for which payments were made by an action for indemnity independently of the right of subrogation afforded by KRS 304.39-070.

Floyd W. Bennett was injured when the automobile he was operating collided with a vehicle owned and operated...

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