Carter v. Cascade Insurance Company

McQUADE, Justice.

The female respondents were injured when their automobile was struck from behind by an automobile driven by an uninsured driver. Appellant, an insurance company, had issued a policy covering both fe male respondents for damages which they would be “legally entitled to recover” from an uninsured driver. However, the uninsured driver denied he had been at fault and appellant then refused to pay respondents under the policy pending determination of the uninsured driver’s fault.

Respondents successfully sued the uninsured driver and appellant immediately tendered the amount of…