Kroeker v. State Farm Mutual Automobile Insurance Co.

CROSS, Judge.

The essential question in this case is whether an uninsured motorist insurance carrier has a right to maintain a separate action against an uninsured motorist to recover proceeds of a settlement made with its own insureds, who had suffered personal injuries as a result of the uninsured motorist’s negligence.

The facts involved, as extracted from the pleadings, are here summarized. On May 10, 1968, plaintiffs, Alvin Kroeker and Anna Mae Kroeker, husband and wife, sustained personal injuries when an automobile operated by plaintiff Alvin Kroeker, and in which plaintiff Anna Mae…