State Farm Mutual Automobile Insurance v. Kroeker

The opinion of the court was delivered by

Prager, J.:

This is an action for a declaratory judgment brought by the plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), against its insured, the defendant, Peggy Kroeker, to determine State Farm’s right to subrogation or reimbursement for personal injury protection (PIP) benefits previously paid to the defendant under its automobile insurance policy for funeral and survivors’ benefits.

The pertinent facts in the case are not greatly in dispute and essentially are as follows: On April 1,1978, defendant’s husband, Glen E. Kroeker,…