Mills v. Farmers Insurance Exchange

The problem in this case is whether an insurance company which has paid claims under an uninsured motorist clause might, under the law as it existed from 1959 until its amendment in 1961, recover the amount paid against a party legally responsible for the accident, other than the uninsured motorist. The facts of the accident and of the actions taken by various parties since that time are without dispute, for present purposes, because the cause had not gone beyond the pleading and motion stages before judgment was rendered.

On February 5, 1961, Dennis A. Brever, accompanied by his wife,…