West American Insurance v. Buchanan

— West American Insurance Company sought a declaratory judgment construing an uninsured motorist endorsement on a motor vehicle liability insurance policy which it had issued to the Buchanans. It appeals from an order denying its motion for summary judgment and dismissing its action with prejudice.

The facts are not in dispute. The Buchanans’ 10-year-old daughter was seriously injured in an automobile accident with an uninsured motorist. West American concedes that the accident occurred while the policy was in effect and that their daughter was an insured by definition under the policy. West…