Patton v. Safeco Insurance Co. of America

Defendants-appellants appeal the entry of a judgment by the trial court in favor of plaintiff-appellee in an action for declaratory judgment based upon the “excess-escape” clause contained in the uninsured motorist portion of appellee’s policy of insurance issued to appellants.

The issue presented by this appeal is: Does the uninsured motorist “excess-escape” clause limit recovery to one insurance contract, even though the injured person was covered by more than one policy?

Both parties agree that there is no genuine issue of material fact.

The record before us discloses the following:

In…