Hempen v. State Farm Mutual Automobile Insurance Co.

DONNELLY, Judge.

Defendant State Farm Mutual Automobile Insurance Company appeals from a declaratory judgment in which the trial court found plaintiff, Iris Hempen, entitled to recover under the medical payments coverage in her State Farm policy insuring her 1969 Volkswagen. Plaintiff was injured while riding in a 1967 Chevrolet she owned jointly with her husband, Lloyd H. Hempen, who was driving at the time of the accident. Both cars were insured by State Farm under separate but identical policies providing “medical payments coverage” in the amount of $5,000. The parties stipulated that…