State Farm Mutual Automobile Insurance v. Bowers

This appeal involves the amount of reasonable medical expenses incurred by an insured under a medical payments provision of an automobile insurance policy. Because we find that the term “incurred” includes only those amounts that the insured would be legally obligated to pay, we will reverse the judgment of the circuit court.

I

On April 17, 1995, Carroll Keith Bowers was involved in a motor vehicle accident in which he sustained injuries requiring medical treatment. At the time of the accident, Bowers was insured under an automobile insurance policy issued by State Farm Mutual Automobile…