Benson v. Farmers Insurance

The opinion of the court was delivered by

Prager, J.:

This appeal involves a controversy between the owner of an insured motor vehicle and his insurance company over the validity of a provision in an insurance policy which excludes uninsured motorist coverage where the insured, without written consent of the company, makes a settlement with any person or organization who may be legally liable for plaintiff’s damages. The essential facts in the case are not in dispute and are as follows: On June 13,1976, the plaintiff-appellant, Thomas E. Benson, was injured in a motor vehicle collision between…