Howard v. Edwards

Foth, C.J.:

This is an appeal from an order denying attorney fees claimed to have been earned under K.S.A. 40-3113a(e) by recovering personal injury protection (PIP) benefits for plaintiff s insurer. The trial court’s order was based on a finding that the “recovery” for which attorney fees was sought did not represent PIP benefits but instead constituted advance payment of damages under K.S.A. 40-275. Although the appeal has been prosecuted in the names of the parties to the original tort action, the only persons interested in the appeal are plaintiff s attorney, James M. Sheeley, and her…