Turnage v. Nationwide Mutual Insurance

LEWIS, Judge.

The question presented by this appeal is whether or not under these facts an uninsured motorist carrier is liable for attorney’s fees and costs in tort actions though not a named defendant in those tort actions. We answer in the affirmative.

The plaintiff, individually and as guardian ad litem for his son, brought tort actions against Phines James McDowell for bodily injuries and for medical bills. Thomas Paul Turnage, who was a minor at the time, was involved in an automobile accident with McDowell, an uninsured motorist. Thomas Paul Turnage and his father Elijah Tom Turnage were…