Baumgart v. Kentucky Farm Bureau Mutual Insurance Co‪.‬

On August 14, 1975, the Caldwells brought suit against the petitioner for damages sustained in the December collision. Shortly thereafter, the respondent sought to intervene in that action to recover PIP benefits, in the amount of $7,300, paid to the Caldwells. The trial court denied the respondents motion to intervene, holding that the mandatory arbitration provisions of section 10-4-717, C.R.S. 1973 barred a direct action for recovery.