State Farm Mutual Insurance v. Farmers Insurance Exchange

HENRIOD, Justice.

Appeal from a summary judgment holding that a provision in an insurance policy for the subrogation of the insured’s claim for medical payments against a tortfeasor-is valid and not against public policy. Affirmed with costs to respondent.

Subrogation springs from equity concluding that one having been reimbursed for a specific loss should not be entitled to a second reimbursement therefor. This principle has been accepted in the insurance field with respect to property damage, and with respect to medical costs by an impressive weight of authority.1 On the other hand it is…