Hutchinson v. J. C. Penney Casualty Insurance

The instant cause presents a question of first impression before this court in which we must decide whether punitive damages and reasonable attorney fees are recoverable by the plaintiff under the uninsured motorist provisions of her father’s insurance policies. The uninsured motorist provisions each provide as follows:

*197“We will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by a covered person and caused by an accident. * *

The defendant insurance company contends on cross-appeal that…