Stewart v. State Farm Ins. Co.

This is an appeal from a partial summary judgment made final by entry of a proper Rule 54 (b), ARCP, order. The judgment dismissed counts three and four of the complaint. We affirm.

In count three, Richard G. Stewart sought to recover damages of State Farm Insurance Company on the theory that he was a third party beneficiary of the insurance contract between State Farm and David B. Braddock, also a defendant in this action. That count alleged that he, Stewart, was a third party beneficiary because of his status as a member of the public injured by Braddock's neligent operation of a motor…