Wheeler v. Employer's Mutual Casualty Co.

The opinion of the court was delivered by

Prager, J.:

This is an action to recover under the “Medical Payments” section of an automobile insurance policy. The trial court upheld the position of the insurance company and denied the claim. The only issue involves the interpretation of the provisions of the insurance contract. The case is before this court on an agreed statement of facts.

On October 24, 1969, S. J. Wheeler owned two automobiles — a 1968 Ford pickup truck and a 1967 Ford custom. The 1968 Ford pickup truck was insured under a policy issued by the State Farm Mutual Insurance Company.…