Ida Silinsky v. State-Wide Insurance Company

This action was commenced on February 19, 1965 by a ""named insured"" (a regular member of the insured's household) under an automobile liability policy issued by the defendant, for reimbursement of medical expenses. On the respective motions of the parties for summary judgment the moving affidavits reveal that the plaintiff sued alleged tort-feasors to recover damages for injuries sustained as a result of an accident which occurred on June 27, 1963; that notice of claim was given to the defendant about January 31, 1964, when the plaintiff first became aware that she could benefit by a provision in the subject policy; that the defendant had knowledge of the suit which the plaintiff had instituted and it notified the alleged tort-feasors of its subrogation rights; that the defendant had given a 50% reduction in its premium rate for the privilege of obtaining subrogation; that the defendant has not paid the plaintiff; and that on November 27, 1964 the plaintiff executed a general release to the alleged tort-feasors in settlement of her pending litigation for $13,000. Attached to the motion papers was a copy of ""Endorsement No. U71"", which in pertinent part provides: ""6. In the event of any payment under the 'Expenses for Medical Services' or any 'Coverage C -- Medical Payments' provisions of this policy, the Company shall be subrogated to all the rights of recovery therefor which the