Dairyland Insurance Co. v. Starkey

OPINION

CRIPPEN, Judge.

In appellants’ personal injury suit, the jury returned a special verdict finding an insured and an uninsured motorist jointly liable for appellants’ injuries. Appellants subsequently settled with the insured motorist and then sought uninsured motorist benefits from respondent company for the damages attributable to the uninsured motorist. In respondent’s declaratory judgment action, following its denial of coverage, the trial court held that appellants were not entitled to uninsured motorist benefits because such benefits would constitute an impermissible double…