Grimsley v. Nelson

The majority holds the trial court correctly dismissed the case against Travelers Indemnity Company, plaintiffs’ uninsured motorist (UM) carrier, because service was improper against defendant Nelson (the tort-feasor). Therefore, the majority concludes that the Court of Appeals erred in deciding that the case could proceed against Travelers to determine whether plaintiffs were entitled to UM coverage. I do not believe that our case law and the statute call for the result reached by the majority. Therefore, I respectfully dissent.

Under the Motor Vehicle Safety and Financial Responsibility Act,

e…