Casey v. Aetna Casualty & Surety Co.

The opinion of the court was delivered by

Schroeder, J:

This is a suit against an insurance company to recover medical bills under the medical payments coverage of an automobile insurance policy.

The controlling question on appeal is whether the “other insurance” provision of the insurance policy is ambiguous and subject to construction in the insured’s favor.

On the 13th day of October, 1967, an automobile being driven by Craig Wignall and owned by James Wignall was involved in a collision. Denice Ibarra (plaintiff-appellee), age 14 and the daugh ter of Betty Jean Ibarra Casey…