Smith v. Pacific Automobile Insurance

This is a proceeding for a declaratory judgment concerning the rights of the parties under an automobile liability insurance policy. Smith, the insured, seeks $5,000. The defendant-insurer contends that it owes Smith nothing. Prom a judgment awarding Smith $2,500 and attorney’s fees, both parties appeal.

The facts are not in dispute. Smith was injured while riding in an automobile owned by Donald Dame-wood. The injuries were the result of a collision between Damewood’s automobile and a vehicle driven by an uninsured motorist. Damewood was killed in the collision. Smith’s damages are conceded…