Royal Insurance v. Cole

Opinion

HARRIS, J.

Introduction

Appellant Aaron Cole was a passenger in an automobile driven by Troy Franks, son of Charles and Barbara Franks, Royal Insurance Company’s (Royal) insured. Royal interpled the $100,000 limits of the Franks liability policy because of the extent of injuries suffered by Cole and others. Cole filed a cross-complaint for declaratory relief against Royal seeking damages under the underinsurance provisions of the Franks policy. After a trial on Cole’s cross-complaint, the trial court entered judgment for Royal.

Facts and Proceedings Below

Troy Franks was involved in a…