Toomer v. Allstate Insurance Company

JOHNSON, Presiding Judge.

Janie Toomer sued Edgar Rosenberry for injuries she suffered in an automobile collision that allegedly was his fault. She served her uninsured motorist (“UM”) carrier, Allstate Insurance Company, with the complaint. Toomer later settled with Rosenberry’s liability insurance carrier, USAA, for the amount of his policy limit. Allstate moved to dismiss, arguing that Toomer’s UM policy limit was equal to Rosenberry’s liability policy limit, and the trial court granted Allstate’s motion. Toomer contends that the court erred because the proceeds other settlement with USAA…