Peller v. Liberty Mutual Fire Insurance

STONE, J. *

This is an appeal from a judgment on the pleadings in an action for declaratory relief.

Appellant insurance company issued each plaintiff-respondent identical automobile owner’s insurance policies. They contain the following provision by which the company agreed: “ (1) To pay all reasonable expenses incurred within one year from the date of accident for medical services. ’ ’

However, in connection with the payment of said medical services, the policies further provided, under the heading of “Subrogation,” that: “In the event of any payment under the medical expense coverage of this…