Imorgan v. Farmers Insurance Exchange

We granted certiorari to review the Colorado Court of Appeals 2-1 decision in this matter reported in 31 Colo. App. 531, 506 P.2d 375 (1972). The Court of Appeals there held that insolvency of a tort-feasor’s insurance carrier, occurring subsequent to the automobile accident, does not create coverage under the “uninsured motorist” provision of the injured party’s insurance policy. We reverse.

This was a declaratory judgment proceeding brought by the plaintiff Farmers Insurance Exchange.

The defendant, Mrs. Morgan, was involved in an automobile accident on March 19, 1970. She obtained a judgment…