Utica National Insurance v. Cyr

¶ 1. January 24, 2008. Defendant Vermont Mutual Insurance Company1 appeals from a grant of summary judgment in a subrogation action brought by plaintiff Utica National Insurance Company to recover $5,000 in medical payments. We affirm.

¶ 2. The facts are undisputed and may be briefly summarized. The dispute arises out of a two-car accident involving Kevin Cyr in one vehicle and two third parties, M.W. and R.R., in the other, which M.W. owned and R.R. was driving. M.W.’s vehicle was covered by an automobile policy carried by Utica. The policy provided, in pertinent part, as follows:

A. If we…