Nationwide Mutual Insurance v. Dairyland Insurance

MILLER, Justice:

This case involves several certified questions relating to whether an insurance carrier that pays its insured’s medical payments under its policy may through the subrogation clause in its policy recover them from the liability carrier of the tortfeasor.

I

Nationwide Mutual Insurance Company (Nationwide) insured Sharon Salyers, whose vehicle was struck by James Justice on June 29, 1987. Mr. Justice was insured by Dairy-land Insurance Company (Dairyland).1 It is conceded for purposes of the certified ques*245tions that Mr. Justice was negligent in operating his vehicle. Nationwide…