Sumwalt v. Allstate Insurance

The sole issue presented on appeal is whether plaintiff-appellant has a right to uninsured motorists benefits under her insurance policy with defendant-appellee containing the following uninsured motorists provision:

“We will pay damages for bodily injury, sickness, disease or death which a person insured is legally entitled to recover from the owner or operator of an *295' uninsured auto. Injury must be caused by accident and arise out of the "ownership, maintenance or use of an uninsured auto.” (Emphasis added.)

We conclude that appellant has a right to uninsured motorists benefits under the…