Varner v. Gulf Insurance

The opinion of the court was delivered by

Abbott, J.:

This appeal involves whether underinsured motorist coverage is available in this personal injury case. We hold that the appellant, Gulf Insurance Company, has acquiesced in the judgment and dismiss the appeal.

On May 30, 1989, Eugene L. Varner was injured in a motor vehicle collision when the semi-tractor trailer rig he was driving was struck by a pickup truck driven by Walter Giessel. The semi-tractor trailer rig was owned by Varner’s employer, C.F. Mc-Graw, Inc., (McGraw) and Varner was driving it in the scope of his employment. The rig was…