Barnwell v. Allstate Insurance Company

WRIGHT, Presiding Judge.

Plaintiff appeals from judgment granting a plea in abatement and dismissing the suit.

Plaintiff brought suit upon the uninsured motorist provisions of a policy of automobile insurance. The suit alleged that plain tiff was injured by the negligence of an uninsured motorist while she was a passenger in another automobile. Defendant filed a plea which averred that the suit should be abated because its policy contained an “Other Insurance” clause which provided if plaintiff was injured while a passenger in a non-owned automobile the insurance applied only as excess coverage…