Futch v. J. C. Penney Insurance

Benham, Judge.

Futch was injured while driving an automobile insured by State Farm Mutual Automobile Insurance Company (“State Farm”). At the time of the injury, Futch was insured under a policy issued to him by J. C. Penney Insurance Company (“J. C. Penney”). That policy did not cover the car Futch was driving. Alleging that his injuries were caused by an unknown motorist, Futch filed a “John Doe” action and served both insurers, each of which answered in its own name. After Futch settled his claim against State Farm for $7,500, J. C. Penney filed a motion for determination of coverage, which…