Waldrop v. Shelter Mutual Ins. Co.

HAROLD L. LOWENSTEIN, Judge.

This is a suit to enforce a settlement agreement. Andrew Waldrop, the injured plaintiff (hereinafter “Appellant”), was a passenger in a car insured by respondent Shelter Mutual Insurance Company (“Shelter”), which was forced off the road by a vehicle that left the scene. Appellant and Shelter agreed to settle for the policy limits of $25,000. The issue at the heart of the case is whether Shelter was then entitled to a provision in the release that subrogates it to any amount Appellant may also receive in uninsured coverage from his insurance company. Following…