Ballweg v. Farmers Ins. Co‪.‬

The opinion of the court was delivered by Separate appeals were taken in separate cases decided by the District Court of Johnson County, Kansas. The two appeals were consolidated for oral arguments before this court since the appeals raised similar questions. In the interest of conserving time and space one opinion is being prepared to decide both appeals. The primary question common to both appeals concerns the recovery of attorney fees pursuant to K.S.A. 1979 Supp. 40-3113a(e) from an insurer which issued policies covering both the injured person and the tortfeasor. The facts were stipulated to in both cases, and attorney fees were allowed for the recovery of personal injury protection (PIP) benefits reimbursed to the insurance company. BALLWEG FACTS