Ball Ex Rel. Ball v. Midwestern Insurance

The opinion of the court was delivered by

Herd, J.:

Ashley Ball, an infant passenger, was injured when the car owned and driven by her mother was hit by a train. Ashley, through her father Joseph Ball, sought uninsured motorist benefits under a policy issued to her mother by Midwestern Insurance Company on another vehicle. When Midwestern denied coverage, Ball filed this declaratory judgment action. The district court granted Ball’s motion for summary judgment, finding Ashley was covered by her mother’s policy. Midwestern appeals.

Ashley is the daughter of Joseph and Stephanie Ball. In May 1987,…