Federal Kemper Insurance v. Arnold

NEELY, Chief Justice:

The defendant below in this subrogation action appeals entry of summary judgment against her in the Circuit Court of Kana-wha County.

Defendant’s decedent, William E. Arnold, was killed in an automobile accident on 11 August 1987, which also involved a truck driven by Cecil H. Rice IV. Mr. Arnold and his wife, Carol, were operating with permission an automobile owned by Barbara F. White and insured by the Federal Kemper Insurance Company. The policy issued by Kemper to Mrs. White included a medical payments clause for up to $5000 of medical or funeral expenses incurred by…