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HALL v. STATE FARM MUT. AUTO. INS. CO.

No. 54,212

8 Kan. App. 2d 475 (1983)

661 P.2d 402

VERDA V. HALL, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed March 31, 1983.

Attorney(s) appearing for the Case

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for the appellant.

Donna L. Whiteman, of Schmidt & Langley, Chartered, of Hutchinson, for the appellee.

Michael J. Dutton, special assistant attorney general, for amicus curiae Fletcher Bell, Commissioner of Insurance.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.

Petition for review denied 233 Kan. 1091 (1983).

SWINEHART, J.:

This is an appeal by defendant State Farm Mutual Automobile Insurance Company from a judgment in a declaratory judgment action brought by plaintiff Verda V. Hall, its insured, seeking to limit to $2,000 defendant's right to subrogation of personal injury protection medical benefits.

The basic facts are undisputed. Defendant State Farm insured plaintiff's 1979 LeSabre automobile. Defendant...

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