Isaac v. State Farm Mutual Automobile Insurance Co.

SANDSTROM, Justice.

In this case we are asked to decide whether a seriously injured insured can seek declaratory judgment as to the right of his no-fault insurer to seek equitably allocated reimbursement from the other driver’s insurer. And we are asked to decide whether the no-fault insurer can be sued for refusing to waive its statutory right to equitable allocation. Answering no to both, we affirm the summary judgment of dismissal and denial of the motion to amend the complaint.

I

On August 28, 1990, Isaac was involved in an automobile accident. State Farm Mutual Automobile Insurance Company…