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DAVENPORT v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 4880.

404 P.2d 10 (1965)

Ralph O. DAVENPORT and Esther Davenport, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, and Thomas Hanley, and Ruth Hanley, Respondents.

Supreme Court of Nevada.

Rehearing Denied July 21, 1965.

Attorney(s) appearing for the Case

Morse & Graves, Las Vegas, for appellants.

Singleton & DeLanoy and J. Forest Cahlan and Rex A. Jemison, of Las Vegas, for respondents.

THOMPSON, Justice.

This case was presented to the lower court on stipulated facts and is designed to test the validity of a clause in an automobile insurance policy which subrogates the company to the extent of the medical payments made by it to the assured, "to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery which the injured person or anyone receiving such payment may have against any person or organization...

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