State Farm Mutual Automobile Insurance v. Whitlock

Plaintiff State Farm (company) brought this declaratory judgment proceeding for a declaration that it was not liable under the uninsured motor vehicle provision of an automobile insurance policy issued to defendant’s decedent. Both parties moved for summary judgment. The company’s motion was denied; defendant’s was allowed. Defendant appeals from the award of attorney fees, contending it was insufficient, 1 and the company cross-appeals from the judgment for defendant.

Decedent, Dawn Keene, was fatally injured while riding as a passenger in her own van. The van was negligently driven by John…