Protective National Insurance Co. of Omaha v. Roberts

BARKDULL, Chief Judge.

Appellant seeks review of a declaratory judgment determining that uninsured motorist benefits are excess over any collectible no-fault benefits and, therefore, the no-fault carrier has no right of indemnification or equitable distribution because of an uninsured motorist settlement made by it.

The plaintiff filed a complaint seeking a declaratory judgment against the defendant-insurer. The complaint alleged that the defendant issued a policy of automobile insurance to the plaintiff on May 16, 1971, providing uninsured motorist coverage [UM] and no-fault personal injury…