Wilbourn v. Allstate Insurance Company

MADDOX, Justice.

This appeal presents a question of first impression involving uninsured motorist coverage in an automobile liability insurance policy.

The tortfeasor had insurance with policy limits as set out in Alabama’s Financial Responsibility Law, but insurance was not enough to cover plaintiff’s injuries. In other words, the tortfeasor was not uninsured; he was underinsured.

The facts are undisputed and stipulated. Plaintiff, Edward R. Wilbourn, a minor, was injured in a single car accident while riding in an automobile operated by Roy Michael Echols, a minor. The car was owned by Betty…