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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. POHL

464 P.2d 321 (1970)

STATE FARM MUTUAL AUTOMOBILE INSURANCE Company, Appellant, v. Lawrence A. POHL and Daryl David Pohl, Respondents.

Supreme Court of Oregon, In Banc.

Decided January 21, 1970.

Attorney(s) appearing for the Case

Otto R. Skopil, Jr., Salem, argued the cause for appellant. With him on the briefs were Williams, Skopil, Miller & Beck, Salem.

George M. Joseph, Portland, argued the cause for respondents. With him on the brief were Morrison & Bailey, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The extent of an insurer's right to subrogation for medical payments is the issue.

The plaintiff, State Farm Mutual Automobile Insurance Company, issued a policy of automobile insurance to Orval and Della Badger. Mrs. Badger was injured when the car in which she was riding was hit by a truck which was being negligently operated by its owners, defendants Pohl. She incurred medical expenses which the plaintiff paid pursuant to its medical payment...

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