Shearer v. Motorists Mutual Insurance

The appellant’s sole proposition of law is as follows:

“Insurance contract provisions which reduce the *4amount of recovery of damages under the uninsured motorist protection clause therein by the amount of expenses for medical services (paid or payable under the medical payments portion of said policy) are valid, enforceable contractual provisions which may be properly invoked by the insurer. The trial court erred by overruling defendant’s motion for summary judgment and in granting plaintiffs’ motion [s] for summary judgment.”

The basic question presented by this appeal and as presented to the…