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AMERICAN FAMILY MUT. INS. CO. v. GRIFFIN

No. 55,913

9 Kan. App. 2d 482 (1984)

681 P.2d 683

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant, v. WALTER L. GRIFFIN, Appellee.

Court of Appeals of Kansas.

Opinion filed May 24, 1984.

Attorney(s) appearing for the Case

James G. Keller, of Davis, Unrein, Hummer & McCallister, of Topeka, for the appellant.

Fred W. Phelps, Jr., of Phelps — Chartered, of Topeka, for the appellee.

Before FOTH, C.J., PARKS and BRISCOE, JJ.

FOTH, C.J.:

This is an action by an insurance carrier against its "insured" to recover duplicative personal injury protection (PIP) benefits. It arose out of a 1978 automobile accident in which the defendant Walter Griffin was a passenger in a car driven by John Huske, and the other driver was Elmer Schwindt. Huske's insurance carrier was American Family Mutual Insurance Company, the plaintiff in this suit. The policy included PIP coverage for passengers.

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