We first address the question of whether Bankers Life has a contractual right of subrogation, having concluded that this is the dispositive question. We then turn to a review of relevant portions of the conflicting insurance policies. An insurance policy is to be construed as it would be understood by a reasonable person in the position of the insured, and it is to be given its common and ordinary meaning. Anyone else occupying your insured car. Anyone, other than a person or organization claiming by right of assignment or subrogation, entitled to recover damages due to bodily injury to you , a relative or another occupant of your insured car.
Insurance contracts are subject to the same rules of construction as any other contract.
In construing policy provisions, the policy should be considered as a whole. See Schaefer v. General Cas. We therefore look at the language contained in the reimbursement provision of the Bankers Life policy to determine whether it includes a right of subrogation. The first paragraph states that if it has made any payment on behalf of its insured, it shall be reimbursed for any damages collected. The policy further specifies that this right of reimbursement exists whether the insured collects through a lawsuit, settlement or otherwise.