Erie Indemnity Co. v. Kerns

NEELY, Justice:

On 1 August 1981, sixteen year old Kelli Kerns lost control of the 1979 Dodge Omni she was driving when she attempted to roll up her window. The Omni ran off the road and struck a guard rail, seriously injuring her mother, Mrs. Judith Kerns-McGinnis, a passenger and owner of the car. 1

Mrs. McGinnis had auto insurance provided by Erie Indemnity Company, which included total liability coverage and medical payment coverage limited to $5,000. Mrs. McGinnis filed a claim with Erie Indemnity in the amount of $7,749.54 for personal injuries and damages to the vehicle. Erie paid that…