Mid-Continent Casualty Co. v. Theus

IRWIN, Vice Chief Justice.

The issue presented is whether an insured may maintain an action against her insurance carrier when her uninsured motorist coverage is equal to the alleged tortfeasor’s liability coverage. Juliene Dorsey, insured, commenced an action against Harvey Myers, the alleged tortfeasor, and Mid-Continent Casualty Company, her own insurance carrier. Petition alleged that insured received injuries in an automobile accident caused by the tortfeasor, who had the statutorily required liability coverage of $5,000.00 per person and $10,000.00 per accident. Petition stated that…