Kansas City Fire & Marine Ins. Co. v. Epperson, 5-2701
| Decision Date | 30 April 1962 |
| Docket Number | No. 5-2701,5-2701 |
| Citation | 356 S.W.2d 613,234 Ark. 1100 |
| Court | Arkansas Supreme Court |
| Parties | KANSAS CITY FIRE & MARINE INSURANCE COMPANY, Appellant, v. Wendell O. EPPERSON, Appellee. |
Wootton, Land & Matthews, Hot Springs, for appellant.
Wendell O. Epperson, Malvern, for appellee.
This is a suit by the appellee, Wendell O. Epperson, upon a Family Combination Automobile Policy that provided comprehensive liability and accident protection for him and members of his family. Epperson's daughter was hurt in an automobile collision and incurred medical expenses of more than $2,000. The appellant admits its liability to the extent of $1,000; the dispute is about whether it is liable for an additional $1,000 of the total medical bill. This appeal is from a judgment holding the insurer liable for the entire $2,000 claimed by the plaintiff.
We may divide the insurance coverage afforded by this policy into two categories. First, the contract described Epperson's two cars, a Pontiac and a Ford, and provided certain liability and property damage insurance with respect to claims involving those vehicles. Secondly, the policy afforded other coverage having no connection with either insured automobile. The present claim falls in the second category; that is, medical services were to be provided if Epperson or certain members of his family should be injured in any automobile accident, regardless of whether either insured vehicle was involved. The record does not tell us whether Miss Epperson was in one of the insured cars when she was hurt; under the terms of the contract that fact was immaterial.
The printed policy contained a schedule offering nine different kinds of insurance protection. A separate premium for each car was to be inserted for each form of coverage actually being put into effect. The provisions for Coverage C, medical expense, were as follows:
'Premiums Limits of Liability Coverages
'Car 1 Car 2
******
'C $7.20 $4.20 1,000.00 dollars each person Medical Payments'
There were two other paragraphs in the contract that are pertinent:
'Limit of Liability: The limit of liability for medical payments stated in the declarations as applicable to 'each person' is the limit of the company's liability for all expenses incurred by or on behalf of each person who sustains bodily injury as the result of any one accident.
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'Two or More Automobiles: When two or more...
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