Bentley v. Allstate Insurance Co.

JiKLEES, Judge.

The issue presented in this appeal is whether the exclusionary language for medical payments in an insurance policy applies if the worker’s compensation carrier exercises its statutory right to subrogation.

FACTS:

On August 10, 1995, Alicia Bentley was injured while in the course and scope of her employment with the State of Louisiana, specifically the Medical Center of Louisiana. She was struck by a vehicle operated by John Luna and incurred more than $13,-760.00 in medical expenses.1 Mr. Luna was insured by State Farm Insurance Company (“State Farm”) with a $10,000.00 policy…