HAWKEYE SECURITY INS. CO. v. NELSON

No. 51,435

6 Kan. App. 2d 17 (1981)

626 P.2d 795

HAWKEYE SECURITY INSURANCE COMPANY, Appellant, v. RICHARD NELSON and HESSIE NELSON, Appellees.

Court of Appeals of Kansas.

Opinion filed April 17, 1981.


Attorney(s) appearing for the Case

Thomas R. Larson, of Morris, Larson, King, Stamper and Bold, of Kansas City, Missouri, and Dennis L. Horner, of Kansas City, Kansas, for appellant.

J. William Stapleton, of Kansas City, Kansas, for appellees.

Before JUSTICE McFARLAND, presiding, SPENCER, J., and RON ROGG, Associate District Judge, assigned.


McFARLAND, J.:

This is an action by an insurance carrier against its injured insured seeking reimbursement of personal injury protection (PIP) benefits paid to the insured, said insured having settled her claim with the third-party tort-feasor. The trial court held in favor of the insured and the insurance carrier appeals.

The facts herein are as follows. On August 12, 1975, defendant Hessie Nelson, while operating a 1969 Ford Galaxie automobile, was injured...

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