State Farm Fire and Casualty Company v. Knapp

CAMERON, Justice.

This is an appeal from an order of the trial court denying the motion of the defendant, State Farm Fire and Casualty Company, for summary judgment and granting the motion of the plaintiffs, Robert and Martha Knapp, for summary judgment.

We are called upon to determine whether the subrogation clause in the defendant insurance company’s medical pay provision is invalid as an attempted assignment of a portion of the bodily injury claim.

From an agreed statement of facts it appears that the grandchildren of the insured, Mary E. Knapp, were injured while passengers in the insured’s…