Trinity Universal Ins. Co. v. Metzger

This appeal questions Tit. 36, § 74 (62a) Code of Ala. 1940, Recompiled 1958, as to whether the umbrella policy in this case came within its provisions. The trial court found that it did. We find that it did not, and reverse and render.

On August 4, 1974, Gwen Metzger was killed when the automobile she was driving was struck by an uninsured motorist who was intoxicated and fleeing the police. At the time her husband, Leonard Metzger, had in effect two insurance policies relevant to this case. The first was an "Automobile Policy" issued by Aetna Casualty and Surety Co. on the automobile Gwen…