M. F. A. Insurance Co. v. Hollingshad Ex Rel. Hollingshad

LAVENDER, Justice:

This appeal concerns a provision in a policy of automobile liability insurance which purports to limit the liability of the insurer to pay medical expenses of an injured passenger where that person has been paid an amount under the bodily injury liability provisions of the policy in'excess of the total amount which could have been claimed under the medical payment provisions of the policy.

Hollingshad, the plaintiff in the trial court and a minor, was injured while riding as a passenger in the insured automobile. Another of the passengers was killed and a third man was also…