Hardware Dealers Mutual Fire Ins. v. Farmers Ins. Exchange

Plaintiff, the insurance carrier for persons wrongfully injured in a 2-car automobile collision, brought this action to recover the amount of the medical expenses which it had paid to its insured from Warren C. Rose, driver of the other vehicle, who was at fault, and Farmers Insurance Exchange, his liability insurance carrier. Summary judgment was entered for the plaintiff, from which the defendants appeal.

Following the accident, respondent paid the medical expenses of the two injured persons who were riding in the vehicle which was covered by its policy. The policy of insurance provided that: