Baune v. Farmers Insurance Exchange

Otis, Justice.

This is a declaratory judgment suit arising out of a personal injury action in which plaintiff seeks to establish that the tortfeasor was an “uninsured motorist” within the meaning of plaintiff’s own insurance policy by virtue of the insolvency of the tortfeasor’s liability carrier. The trial court granted summary judgment against plaintiff, from which she appeals.

Plaintiff, Betty Baune, was injured in an automobile collision with one Beverly Fernholz on August 25, 1959. At the time of the accident, Miss Fernholz carried liability insurance with Marketmen’s Mutual Insurance…