Motor State Insurance v. Benton

Defendant Donald Benton was a passenger in an automobile which was involved in an automobile accident on December 28, 1966. Defendant suffered permanent injuries to the right arm as a result of the accident. Defendant, at the time of the accident, was in the Army and three days after the accident occurred returned to his duty station at Ft. Benjamin Harrison, Indiana, until released from the Army on October 7, 1968. The defendants retained an attorney whose investigation revealed the driver of the auto was uninsured.

The plaintiff had issued an automobile insurance policy to the defendant…