Garcia v. National Union Fire Insurance

SWANN, Judge.

National Union Fire Insurance Company brought this action for declaratory relief seeking to escape paying its own insured (Garcia) for injuries suffered in an automobile accident with a third party tort-*13feasor, even though García carried uninsured motorist coverage, and it appears that he will have no chance of recovery from the third party tortfeasor. Summary final decree was granted for the insurer and the insured now appeals. We reverse.

The facts do not appear to he in dispute. Garcia, the insured, and his infant son, suffered injuries when a tortfeasor’s car collided with the…