Sparks v. American Fire & Indemnity Co.

METZGER, Judge.

In this declaratory judgment action, defendant, American Fire and Indemnity Company, appeals the summary judgment entered in favor of plaintiff, Larry Sparks. Plaintiff cross-appeals, asserting that the trial court erred in refusing to award prejudgment interest and attorney fees. We affirm in part, reverse in part, and remand with instructions.

The facts in this case are undisputed. On February 6, 1984, Carla Sue Sparks, plaintiff’s wife, was injured when the car she was driving was struck by an automobile driven by an uninsured motorist. Plaintiff was not present when the…