MFA Mutual Insurance Company v. McKinley

George Rose Smith, Justice.

This is an action brought by the appellees, F. M. McKinley and his wife, to recover $10,000 under the uninsured-motorist section of a policy of automobile insurance issued to McKinley by the appellant. In the trial court both parties moved for summary judgment, upon the pleadings and a stipulation of fact. This appeal is from a $10,000 summary judgment for the plaintiffs.

The facts are undisputed. On February 13, 1965, McKinley, while traveling in the course of his employment, was seriously injured in a collision with a car being driven by Gerald Davis, an uninsured…