Tapley v. Shelter Insurance Co.

PHILLIP R. GARRISON, Judge.

Shelter Insurance Company (“Shelter”) contends that the trial court .erred in awarding Alfreda Tapley (“Plaintiff’) benefits under the underinsured motorist provision of an automobile insurance policy it issued to her. Plaintiffs suit against Shelter for those benefits was submitted to the trial court on the following stipulated facts: On November 22, 1999, the car Plaintiff was driving (“Plaintiffs vehicle”) was involved in an accident with a truck owned and operated by Phillip W. Poe (“Poe”); that accident was directly caused by Poe’s negligence, and as a direct…