Gaines v. Industrial Fire & Casualty Insurance Co.

HENDRY, Judge.

This appeal arises out of a derivative claim filed in 1977 by appellant; the trial court dismissed the complaint. The record reflects that appellant’s wife received an arbitration award in the amount of Six Thousand, Five Hundred Dollars ($6,500.00) in 1976 under the UM coverage, and that a final judgment had also been entered in a personal injury protection (PIP) case brought by his wife, arising out of the same accident.1 Under the provisions of the subject policy, Ten Thousand Dollars ($10,-000.00) is the UM policy limit for a personal injury claim and a derivative claim.…