JONES v. AETNA CASUALTY & SURETY COMPANY

No. 25823.

497 S.W.2d 809 (1973)

Stella JONES, Respondent, v. The AETNA CASUALTY & SURETY COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

July 23, 1973.


Attorney(s) appearing for the Case

John R. Gibson and John W. Cowden, Kansas City, for appellant; Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, of counsel.

George T. O'Laughlin and William E. Simmons, Kansas City, for respondent. Miller & O'Laughlin, Kansas City, of counsel.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.


PRITCHARD, Judge.

The principal issue on this appeal is whether respondent may settle with a tort feasor for a claim for personal injuries and reserve a claim for medical expense reimbursement against appellant Aetna in the face of a "Reimbursement and Trust Agreement" clause in the policy of automobile insurance. The trial court granted judgment for respondent for her medical expenses, $2,842.45, plus interest at 6% per annum from November 20, 1968, and $284.25 damages...

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