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DURRETT v. BRYAN

No. 64,604

14 Kan. App. 2d 723 (1990)

799 P.2d 110

MICHELLE R. DURRETT, Plaintiff/Appellant, v. RICHARD R. BRYAN, Defendant, and UNITED SERVICES AUTOMOBILE ASSOCIATION, Intervenor/Appellee.

Court of Appeals of Kansas.

Petition for review denied January 29, 1991.

Attorney(s) appearing for the Case

Greg L. Musil, of Shughart Thomson & Kilroy, P.C., of Overland Park, and P. John Brady, of Shughart Thomson & Kilroy, P.C., of Kansas City, Missouri, for appellant.

Paul Hasty, Jr., and Ben T. Schmitt, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellee.

Ted F. Fay, special assistant attorney general and chief attorney, and Mike Broemmel, of the Kansas Insurance Department, for amicus curiae Fletcher Bell, Commissioner of Insurance of the State of Kansas.

Before BRAZIL, P.J., RULON and LEWIS, JJ.

Petition for review denied 248 Kan. ___ (January 29, 1991).

BRAZIL, J.:

Michelle Durrett appeals a decision of the district court ordering her to pay intervenor United Services Automobile Association (USAA) $10,000, pursuant to a subrogation clause in her automobile insurance policy. She contends that subrogation of medical payments made pursuant to a seat belt endorsement in her automobile policy was expressly prohibited by K.A.R. 40-1-20. We reverse and...

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