Smith v. Allstate Insurance Co.

OPINION

STATON, Judge.

Jack Smith appeals from the trial court’s grant of summary judgment in favor of Mí-state Insurance Co. in this declaratory judgment action. He presents two issues for our review which we restate as follows:

I. Whether the exclusionary language in the uninsured motorists coverage section of the insurance contract violates public policy.

II. Whether the exclusionary language is ambiguous.

We affirm.

The parties have stipulated to the facts in this case. Smith was involved in an automobile accident with an uninsured, intoxicated driver. At the time of the accident, Smith was…