Foundation Reserve Insurance Co. v. McCarthy

OPINION

E. T. HENSLEY, Jr., Chief Judge, Court of Appeals.

This is a declaratory judgment action brought by an insurer against the insured to determine the rights of the parties. The district court gave judgment for the insured. The insurer appeals.

The sole question is the construction of a medical coverage clause in an insurance policy issued by the appellant. The coverage is for medical expenses resulting from bodily injuries caused by accident “through being struck by an automobile.”

The parties stipulated that the insured was riding a motor-scooter on a paved divided highway approaching an…