State Farm Mutual Automobile Insurance v. Mashburn

The trial court erred in entering summary judgment and we accordingly reverse. We remand for further proceedings for the reasons in this opinion.

In this insurance coverage case, Appel-lee Joyce Mashburn sought, and received, summary judgment by arguing she “is” eligible for medical expenses coverage under the terms of the policy issued by Appellant State Farm Mutual Automobile Insurance. Here on appeal, State Farm vigorously disputed that she is so eligible, and while Mashburn gamely defended the trial court’s decision, she basically argued to this court that she “should” have been covered…