Rister Ex Rel. Rister v. State Farm Mutual Automobile Insurance Co.

MAUS, Judge.

Ricky Rister was killed when the pickup truck in which he was a passenger collided with a gasoline transport. The plaintiffs are his widow and minor children. They are insureds under the uninsured motor vehicle provisions of two policies issued by State Farm Mutual Insurance Company (State Farm). The plaintiffs recovered a judgment against State Farm under that coverage in the amount of $40,000. State Farm’s appeal presents a unique question. One of the policy definitions of uninsured motor vehicle is a “motor vehicle insured ... for bodily injury liability ... but the insuring…