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YUNGHANS v. CARSON

No. 55,249

9 Kan. App. 2d 45 (1983)

670 P.2d 928

SHERMAN R. YUNGHANS, Plaintiff/Appellee, v. DAVID W. CARSON, Defendant, FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Intervenor/Appellant.

Court of Appeals of Kansas.

Opinion filed October 27, 1983.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for intervenor/appellant.

Leonard O. Thomas, of Weeks, Thomas & Lysaught, Chartered, of Overland Park, for plaintiff/appellee.

Before REES, P.J., ABBOTT, J., and HARRY G. MILLER, District Judge Retired, assigned.

REES, J.:

This is a case of first impression under the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 40-3101 et seq., involving the scope of the insurer's statutory right of subrogation under K.S.A. 40-3113a when the insured obtains duplicative recovery from a tortfeasor.

In the early evening hours of March 1, 1979, Sherman Yunghans sustained personal injury when a pickup truck he was driving collided with a yearling steer on Highway K-5...

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