Briggs v. American Family Mutual Insurance Co.

Opinion by

Judge DAVIDSON.

Defendant, American Family Mutual Insurance Company (American), appeals from the summary judgment entered in favor of plaintiff, Valorie Briggs. In its order, the trial court found that' the consent to sue clause within Briggs’ uninsured motorist policy with American was void and that American was bound by the determination of damages in Briggs’ tort action against the uninsured motorist. We agree and therefore affirm.

In November 1987, Briggs was injured in an automobile accident caused by an uninsured motorist. Pursuant to the provisions of her uninsured motorist…