Herron
State Farm Mut. Auto. Ins. Co. v. Herron
Opinion
Opinion
Hastings, J.
This is an appeal from a declaratory relief judgment in favor of respondent State Farm Mutual Automobile Insurance Company (State Farm) which holds that State Farm had no obligation to the appellants Gilbert Herron, Jeannine Herron Marsh burn and Pamela Herron Lanman under an uninsured motorist coverage provision.
On November 5, 1971, Adele Herron was a passenger in a Volkswagen owned and operated by Frank Repine. This vehicle was involved in a collision with an uninsured motorist. The accident occurred (for the purpose of this appeal) due to the joint negligence of Repine and the uninsured motorist. On November 18, 1971, Adele Herron died as a result of the injuries sustained by her in the accident. She left surviving her two children and a husband.
The Herron family had a policy of insurance with State Farm, as did the Repine family. State Farm paid the heirs (appellants) of Adele Herron $15,000 to release a liability claim against Frank and Mary Repine. Another $2,000 was paid by State Farm to Gilbert Herron in return for a release of any claim of medical payments coverage provided by the Repine policy.