MORING v. STATE FARM MUT. AUTO. INS. CO.

81-150.

426 So.2d 810 (1982)

Karen S. MORING v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied February 11, 1983.


Attorney(s) appearing for the Case

Joseph M. Matranga, Mobile, for appellant.

Fred W. Killion, Jr. and Patricia K. Olney of Reams, Wood, Vollmer, Philips, Killion & Brooks, Mobile, for appellee.


EMBRY, Justice.

This is a case of first impression in Alabama. It involves the subrogation rights of an insurer against its own insured. For the reasons we will state, we reverse.

The facts are not in dispute. On 21 August 1977, plaintiff Karen S. Moring was injured in a single vehicle accident in Mobile County. The vehicle in which she was a passenger was being driven by Lawrence D. Phillips. Moring incurred in excess of $13,000 in medical expenses as a result...

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