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MUSSE v. GARCIA

No. 88,723

31 Kan.App. 2d 574 (2003)

68 P.3d 165

ABDIWALI ABDI MUSSE, Plaintiff/Appellee, and ALLSTATE INDEMNITY COMPANY, Intervenor/Appellant, v. ARNULFO GARCIA, Defendant/Appellee, and AHMED B. SHEIKH-MOHAMMED, and HUSSEIN B. SHEIKH-MOHAMMED, Intervenors/Appellees.

Court of Appeals of Kansas

Opinion filed May 9, 2003.

Attorney(s) appearing for the Case

Paul Hasty, Jr., and James L. MowBray, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.

John L. Carmichael, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, for appellees.

Before PIERRON, P.J., KNUDSON, J., and PATRICK D. McANANY, District Judge, assigned.

KNUDSON, J.:

Allstate Indemnity Company intervened in its insured's third-party litigation against a tortfeasor to protect its lien for personal injury protection (PIP) benefits that had been paid. Ultimately, the third-party litigation was settled, and the district court awarded the insured's attorney 25% of the PIP subrogation recovery as attorney fees. Allstate appeals, contending the law does not provide for the apportionment of attorney fees under the uncontroverted...

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