Home Insurance Co. v. Tooke

Vicki Tooke appeals from a declaratory judgment granted to Home Insurance Company. Tooke had been involved in a motor vehicle accident with Devere Vernon, an underinsured motorist. Home Insurance was Tooke's underinsured motorist insurance carrier. Vernon and his insurance carrier, Sentry, entered an agreement with Tooke by which Sentry agreed to pay its policy limit, $25,000, to Tooke. The agreement apportioned that payment into $2,500 as compensatory damages and $22,500 as punitive damages. Home Insurance moved the trial court for a declaratory judgment that it was not bound by the…