Criterion Insurance Co. v. Amador

Defendant appeals a final judgment striking its affirmative defense of no uninsured motorist coverage on the theory that there were joint tortfeasors, one of whom had liability coverage equal to or greater than the uninsured motorist coverage available to the appellee. The court struck this affirmative defense and entered a final judgment referring the matter to arbitration. We reverse.

The question of coverage under an insurance policy is for the trial court, even though, to determine coverage it may be necessary to ascertain a fact, to wit: the existence of a hit and run vehicle and the…