National Grange Mutual Insurance v. Smith

In these cross appeals from an order of the Superior Court (Hollman, J.) on cross petitions for declaratory judgment, an uninsured motorist carrier excepts to an award of interest from the date of the writ in an underlying tort action that had resulted in a verdict held to bind both insurer and insured, and the insured excepts to the ruling that it was so bound. We reverse as to interest but affirm that the underlying verdict bound the insured.

*280Following the death of Lisa Noeding by asphyxiation in an auto, her administratrix brought action against the car’s operator and the owner of a garage…