Gardner v. Aetna Casualty & Surety Co.

OPINION

HOWARD, Chief Judge.

This is an appeal from a summary judgment in an action for declaratory relief. Plaintiff suffered injuries as a result of colliding with a bale of wire that had fallen off an unidentified flat-bed truck. Aetna’s policy obligates it to pay all sums which the insured would be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury sustained by the insured arising out of the ownership, maintenance or use of the uninsured automobile. The policy states that the term “uninsured automobile” includes a…