Riverside Insurance Co. v. McDowell

VANCE, Judge.

The question is whether an insurer may recover from its insured benefits paid to the insured under a mistaken impression that such payments were required by law.

Kent Allen McDowell, infant child of appellant Ezra McDowell, Jr., was injured when struck by an automobile operated by Glenda Head. Mrs. Head’s insurer, Meridian Mutual Insurance Company, paid basic reparation benefits for losses sustained by appellee in the amount of $10,000.00. The medical expenses quickly mounted to more than $20,000.00 and appellant, under the mistaken impression that Kentucky law imposed upon it an…