Maynard v. State Farm Mutual Automobile Insurance Co.

OPINION

RABINOWITZ, Justice.

This appeal presents a pure question of law: May an insurance company seek reimbursement for medical expenses paid to its insured under his policy when it also insures the tortfeasor and the insured brings an action against the tortfeasor seeking damages for the same medical expenses?

I. FACTS AND PROCEEDINGS

On February 6, 1991, Frederick Maynard and Glenn Madison were involved in an automobile accident. Both were insured by State Farm Mutual Automobile Insurance Co. (State Farm).

State Farm paid Maynard’s medical bills totalling $5,212 pursuant to the Medical…