Comet Casualty Co. v. Jackson

Defendant appeals from a summary judgment for plaintiff in its action seeking a declaration of the rights and liabilities of the parties under an automobile liability insurance policy issued to defendant by plaintiff. The sole issue on appeal is the propriety of the summary judgment.

It appears that defendant, while trying to prevent his automobile from being stolen, was struck by the car as the unknown thief drove it away. Defendant made a claim under the uninsured motorist provision of his policy for damages because of his injuries. Plaintiff denied coverage under that provision, and then…