Progressive Casualty Insurance Co. v. Kidd

STEPHENS, Justice.

This case raises the question whether an insurer which pays basic reparation benefits (BRB) to its insured under an automobile “no-fault” policy must be reimbursed when the insured recovers a judgment for the same elements of damages covered by the prepaid benefits, but the insurance company has not complied with the provisions of KRS 304.39-070(2) and (3). The Larue Circuit Court and the Court of Appeals held that the procedures outlined in that section are mandatory. We affirm.

This action grew out of an automobile accident involving the respondent, Brenda Kidd, who was…