Harry Boudreaux, Cross-Appellant v. Optimum Insurance Company, Continental Insurance Companies and Safeco Insurance Company, Defendants

GARZA, Circuit Judge:

Boudreaux brings this uninsured motorist claim following a collision on November 22, 1983 with Michael J. Kimble who had limits of $5000 per person and $10,000 per accident. It is undisputed Kimble was responsible for the collision. All issues were tried to the court except for damages on which the jury awarded $200,000.

The collision occurred at the intersection of Interstate 10 and U.S. Highway 167 where Boudreaux was rearended. Bou-dreaux did not sue Kimble nor his insurer American Southern Insurance Company. He did however sue three insurance companies — Optimum…