Waller v. Rocky Mountain Fire and Casualty Co.

While riding on a motorcycle Jerry Waller was killed by an uninsured motorist. The defendant insurer had issued an automobile liability insurance policy to the plaintiff, H. E. Waller, who is the personal representative and the father of Jerry Waller. Plaintiff contends his son was covered under the uninsured motorist provision of defendant’s policy and that he is entitled to recover benefits on behalf of his son. The trial court, sitting without a jury, held for the defendant, and plaintiff appeals.

In order for plaintiff to recover he must prove that his son was an insured under defendant’s…