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FOVEAUX v. SMITH

No. 67,963

17 Kan. App. 2d 685 (1992)

843 P.2d 283

CAROL L. FOVEAUX, Plaintiff/Appellee, v. CASSANDRA L. SMITH, Defendant/Appellee, and COLONIAL INSURANCE COMPANY OF CALIFORNIA, Intervenor/Appellant.

Court of Appeals of Kansas.

Opinion filed December 4, 1992.

Attorney(s) appearing for the Case

Paul Hasty, Jr., and Robert J. Luder, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.

Kathryn D. Myers and Donton C. Hejtmanek, of Bryan, Lykins & Hejtmanek, P.A., of Topeka, for appellee Carol L. Foveaux.

Meryl D. Wilson, of Stites, Hill, Wilson & Knopp, of Manhattan, for appellee Cassandra L. Smith.

Before LARSON, P.J., PIERRON, J., and M. KAY ROYSE, District Judge, assigned.

LARSON, J.:

This appeal questions the trial court's discretion in limiting participation of the attorneys for a personal injury protection (PIP) insurance carrier in an automobile negligence action and the award of attorney fees to the insured's counsel.

On February 4, 1989, Carol L. Foveaux was involved in an automobile accident with Cassandra L. Smith, which resulted in Colonial Insurance Company of California paying Foveaux $12,886.59 in PIP benefits.<...

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