Porter v. Empire Fire and Marine Insurance Co.

HATHAWAY, Judge.

Can Porter recover against his own carrier under the uninsured motorist coverage when, after settlement with others, an insufficient $2,500 remains of the negligent driver’s insurance? This question was decided against the appellant when the trial court granted the appellee’s motion to dismiss the appellant’s lawsuit for breach of an implied covenant of an insurance policy.

The appellant and four other persons were injured as a proximate result of the negligence of one Joseph B. Fitch in the maintenance and/or operation of his automobile which was insured by the Employers Group…