Muller v. Allstate Insurance Co.

BASS, Justice.

This is an appeal from the rendition of a summary judgment; the facts of the case are presented by stipulation of the parties. On or about November 25,1978, appellants, Muller and his minor son, were involved in a vehicle-pedestrian accident in which the pedestrian minor son was struck and severely injured by a truck driven by an employee of Phillips & Son Wrecker Service (“Phillips”). At the time of the accident Phillips was covered by a $10,000 per person/$20,000 per accident personal injury liability policy with Fidelity and Casualty of New York; appellants were insured by a…