Sullivan v. Dairyland Insurance

OPINION

Appellant Mikel Sullivan was seriously injured in an automobile accident, while riding as a passenger. The driver, who negligently caused the accident, was insured by respondent Dairyland Insurance Company. The driver’s policy with Dairy-land contained the legal minimum liability coverage, $15,000.00 per person per accident. It also provided for payment of up to $5,000.00 in medical expenses, regardless of fault, to the insured and the insured’^ passengers. The policy contained a setoff clause which read:

When we pay your medical expenses, you or your legál representative must agree in…