Stephens v. Allied Mutual Insurance Company

The plaintiff sues his own insurer for recovery under the uninsured motorist provision of his automobile liability policy. The primary question is whether the in solvency or the failure, to defend or pay a claim subsequent to the accident by a tort-feasor’s liability carrier constitutes a denial of such coverage by the tort-feasor’s carrier thereby invoking the liability of the plaintiff’s carrier under the uninsured motorist clause. The district court found for the plaintiff on this issue and we affirm the judgment.

Plaintiff, on November 17, 1964, was negligently injured by tort-feasor…