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BARDWELL v. KESTER

No. 65,995

15 Kan. App. 2d 679 (1991)

815 P.2d 120

ALEXANDRA M. BARDWELL, individually and as parent and natural guardian of MICHAEL S. BARDWELL, Appellee/Cross-Appellant, v. CARL R. KESTER, ARTHUR D. GATLIN, JR., and FARMERS INSURANCE COMPANY, INC., Appellants/Cross-Appellees.

Court of Appeals of Kansas.

Opinion filed July 12, 1991.

Attorney(s) appearing for the Case

William T. Fitzgerald, Gregory W. Bruning, and Catherine R. Hutson, of Niewald, Waldeck & Brown, of Overland Park, for appellants/cross-appellees.

Donald T. Taylor, of Robb & Taylor, of Kansas City, for appellee/cross-appellant.

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

GERNON, J.:

Farmers Insurance Company, Inc. (Farmers) appeals the award of attorney fees to the attorney for Alexandra M. Bardwell. Bardwell cross-appeals the district court's holding that Farmers was not required to pay a judgment of $8,213.37 entered against it. Farmers was allowed to set off previously paid personal injury protection benefits (PIP) against the judgment due to a policy exclusion.

Highly summarized, the facts center on an automobile collision...

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