Thompson v. Preferred Risk Mutual Insurance

Resolution of the instant appeal requires analysis of the uninsured motorist and automatic pay provisions contained within the contract of insurance issued by Preferred Risk. The uninsured motorist coverage prescribed therein provides as follows:

*341“PART IV

“PROTECTION AGAINST UNINSURED MOTORISTS

“COVERAGE U-Bodily Injury Benefit:

“To pay all sums which the insured * * * shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because of bodily injury, * * * sustained by the insured * * *.

“ ‘Insured’ means:

“(a) the named insured and any relative; * * *