Columbia Mutual Insurance Co. v. Morris

SHRUM, Chief Judge.

Columbia Mutual brought this declaratory judgment action against its insured, John W. Morris; Sheryl Marie Martin, who was injured when the vehicle she was driving collided with an automobile operated by the insured; and Danny Martin, Sheryl’s husband.

The amount of bodily injury liability coverage under the policy issued to Morris was $25,000 for each person and $50,000 for each accident. Columbia Mutual offered $25,000 to settle both Sheryl’s bodily injury claim and Danny’s derivative damage claim for loss of consortium against Morris arising out of the accident. Sheryl…