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

No. S-6319.

902 P.2d 1328 (1995)

Frederick P. MAYNARD, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Supreme Court of Alaska.

September 29, 1995.

Attorney(s) appearing for the Case

Frank J. Schlehofer, Law Office of William G. Azar, Anchorage, for appellant.

David S. Carter, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Earl M. Sutherland and William R. Hickman, Reed McClure, Seattle, Washington, for appellee.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

RABINOWITZ, Justice.

This appeal presents a pure question of law: May an insurance company seek reimbursement for medical expenses paid to its insured under his policy when it also insures the tortfeasor and the insured brings an action against the tortfeasor seeking damages for the same medical expenses?

I. FACTS AND PROCEEDINGS

On February 6, 1991, Frederick Maynard and Glenn Madison were involved in an automobile...

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