Spain v. Valley Forge Insurance

HATHAWAY, Presiding Judge.

This appeal is from a summary judgment for Valley Forge Insurance Company (Val*186ley Forge) in a declaratory judgment action filed to determine whether it was required to provide coverage pursuant to the uninsured and underinsured provisions of the policy.

Patricia Story was a passenger in a car driven by Valley Forge’s insured when it was involved in an accident with a vehicle driven by an uninsured motorist. She died from her injuries. Both parties concede that both drivers were at fault.

The Valley Forge policy provided for $100,000 coverage for bodily injury and…