Milton v. PREFERRED RISK INSURANCE COMPANY

TUNKS, Chief Justice.

This is a suit to recover benefits under the uninsured motorist provisions of two automobile insurance policies. The question presented is at what point in time must the insured forward suit papers concerning a claim against an uninsured motorist, if the negligent party was insured at the time of the accident, but subsequently became “uninsured,” as that term is legally defined.

On January 18, 1969, the appellant, Janice Sue Milton, was a passenger in a car driven by Iris Simonis and owned by Helen Bastin. This vehicle was involved in a collision with a car driven by Cathy…