Members Mutual Insurance Co. v. Tapp

TUNKS, Chief Justice.

This is an appeal from a judgment awarding appellee, Mrs. Avis E. Tapp, a widow, a recovery from her insurer, the appellant, The Members Mutual Insurance Co., under the uninsured motorist provision of her insurance policy. The trial resulting in such judgment was before the court, a jury having been waived.

On May 23, 1968, a car being driven by appellee was struck from the rear by a car being driven by James Earl Seale. Mrs. Tapp did not file any suit against Seale and has not been paid anything by him or any representative of him as compensation for the damages sustained…