Blackburn v. State Farm Mutual Automobile Insurance

SHEPARD, Justice.

This is an appeal from a summary judgment rendered against plaintiff-appellant Blackburn in an action brought by Blackburn against his insurance carrier under the uninsured motorist coverage of an insurance policy. We affirm.

The facts are stipulated and we are presented solely with a question of law. Two cars containing members of the Blackburn and Day (not parties to this action) families were stopped in a highway emergency lane when a car driven by Ellsworth struck them. The negligence of Ellsworth was the proximate cause of the accident. Blackburn’s wife and one of his…