BRADLEY v. AID INSURANCE CO.

No. 51,488

6 Kan. App. 2d 367 (1981)

629 P.2d 720

EDITH E. BRADLEY, Plaintiff-Appellee, v. AID INSURANCE COMPANY, Defendant-Appellant, CONTINENTAL INSURANCE CO., Defendant-Appellant.

Court of Appeals of Kansas.

Petition for review denied July 16, 1981.


Attorney(s) appearing for the Case

Larry Withers, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellant Continental Insurance Company.

Terry J. Malone, of Williams, Larson, Voss, Strobel & Estes, of Dodge City, for appellant AID Insurance Company.

John E. Fierro, of Dodge City, for appellee.

Robert E. Keeshan, of Scott, Quinlan & Hecht, of Topeka, for amicus curiae Kansas Trial Lawyers Association.

William R. Sampson, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for amicus curiae Kansas Association of Defense Counsel.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.


BRAZIL, J.:

This is an insurance case that involves first-party claims by an insured against two insurance carriers for recovery of personal injury protection (PIP) benefits. We are being asked to determine contract rights and, in so doing, to also interpret the Kansas Automobile Injury Reparations Act, K.S.A. 1980 Supp. 40-3101 et seq.

On September 20, 1977, James E. Bradley died as the result of an automobile accident. He was survived by his wife...

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