J. C. Penney Casualty Insurance v. Woodard

Birdsong, Judge.

J. C. Penney Casualty Insurance Company appeals from a jury verdict judgment of $140,000 plus pre-judgment interest, awarded under uninsured motorist coverage for the death of 17-year-old Darien L. Woodard.

Young Woodard was driving his uncle’s car which was insured by Penney. It is undisputed that Woodard’s parents held $60,000 in uninsured motorist coverage through State Farm Mutual Automobile Insurance Company, but that they failed to timely notify State Farm of the boy’s death, so that coverage was unavailable. State Farm is excused from the case. Penney, by motion in…