Wilson v. American Fidelity Insurance

The opinion of the court was delivered by

Fromme, J.:

Deborah Wilson brought this action under the Kansas Automobile Injury Reparations Act (KAIRA), K.S.A. 1980 Supp. 40-3101 et seq., to recover overdue personal injury protection (PIP) disability benefits. American Fidelity Insurance Company (American) appeals from a judgment in the sum of $1,413.12, plus 18% interest and an attorney’s fee.

Appellant American raises three points of alleged error: (1) refusal to permit it to take the deposition of Dr. Overesch; (2) refusal to permit plaintiff to be cross-examined concerning the physical…