Motto v. State Farm Mutual Automobile Insurance Co.

OPINION

COMPTON, Justice.

Appellant appeals from a summary judgment. The appellant, the insured under the terms of an insurance policy issued by appellee, sought to recover medical payments allegedly due under the policy. The facts are not in controversy. Appellant sustained a personal injury in an automobile collision and, without the knowledge of appellee, settled with the party responsible therefor, thereby giving a full release and discharge from liability.

The policy in question contained a medical payment subrogation clause, which reads:

“4. Subrogation * * *

“Upon payment under coverages C,…