Hall v. State Farm Mutual Automobile Insurance

Swinehart, J.:

This is an appeal by defendant State Farm Mutual Automobile Insurance Company from a judgment in a declaratory judgment action brought by plaintiff Verda V. Hall, its insured, seeking to limit to $2,000 defendant’s right to subrogation of personal injury protection medical benefits.

The basic facts are undisputed. Defendant State Farm insured plaintiffs 1979 LeSabre automobile. Defendant offered six different levels of PIP coverage in its policy, as set out below:

SECTION II — PERSONAL INJURY PROTECTION COVERAGE INSURING AGREEMENTS

SCHEDULE

The applicable set of limits is indicated…