Zator Ex Rel. Zator v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT BY

LUM, C.J.

I

The Court of Appeals for the Ninth Circuit has certified two questions of law to this court based upon the following set of facts:

On November 14,1979, Alan Zator (“Zator”) was struck by a car while he was walking across a highway, and was rendered mentally incompetent as a result. Zator’s attorney and State Farm Insurance Co. (the insurer of the alleged driver) exchanged letters establishing that Zator’s personal injury claims would be settled for $25,000 leaving open his claim for no-fault benefits. On September 23, 1981, Rosemary Leary was appointed by a…