Ferrell v. Nationwide Mutual Insurance

Justice ST ARCHER delivered the Opinion of the Court.

STARCHER, J.

In this declaratory judgment action between an insurance company and its insureds from the Circuit Court of Mercer County, the circuit court certifies a question concerning the validity of certain insurance policy language. The language permits the insurance company to seek “reimbursement” of medical payments, made to an insured, from the insured when the insured has recovered damages for the same medical expenses from a negligent third party. The circuit court’s question asks whether such language is enforceable when both the…