State Automobile Mutual Insurance Co. v. Cummings

OPINION

FONES, Chief Justice.

Barry Cummings sued State Automobile Mutual Insurance Company in the Chancery Court, seeking to recover $10,000 under the uninsured motorist coverage of a policy issued by that company to plaintiff’s father. Defendant appealed from an adverse decision and, while there is no real dispute as to the facts, oral testimony adduced in the Chancery Court and preserved by a bill of exceptions, vested jurisdiction in the Court of Appeals.

That Court affirmed the Chancery Court and defendant petitioned for the writ of certiorari, which was granted.

Plaintiff was a passenger in…