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

No. 85-314.

708 S.W.2d 72 (1986)

288 Ark. 541

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Sandra G. SIMS, Individually and as Mother and Next Friend of Daryl Ray Cook, a Minor, Appellees.

Supreme Court of Arkansas.

April 21, 1986.


Attorney(s) appearing for the Case

Roy, Mashburn & Lambert, Springdale, for appellant.

Bassett Law Firm by Wm. Robert Still, Jr., Fayetteville, for appellees.


HOLT, Chief Justice.

An issue of first impression in Arkansas is presented by this case. The court is being asked to decide whether an automobile insurance carrier may, by policy language, set-off its medical payments, made on behalf of its insured to a third party, against its payment for the same insured to the injured party of the policy limit for bodily injury. The trial court held that the provision allowing such a set-off was void as against public policy since...

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