Foveaux v. Smith

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.

Foveaux did not sue Smith within 18 months after the date of the accident. Therefore, pursuant to K.S.A. 1991 Supp. 40-3113a(e), Colonial sued…