Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company

This is a timely appeal by plaintiff Lamb, a minor by his next friend, from final judgment sustaining the motion of the defendant insurer for summary judg■ment of dismissal. Jurisdiction, based upon diversity of citizenship and the requisite amount, is present.

There is no dispute as to the material facts. Plaintiff obtained insurance upon his motorcycle from defendant. Defendant offered uninsured motorist protection for an additional premium, as required by law. Plaintiff rejected such offer. A policy was issued providing no uninsured motorist coverage and no premium was paid for such…