Barnhart v. Civil Service Employees Insurance Company

CROCKETT, Justice.

Plaintiffs Barnhart sue on the uninsured motorist clause of their own insurance policy to recover for injuries suffered by Mrs. Barnhart in an automobile collision with an uninsured motorist, Kenneth D. Welcker. The trial court gave judgment for plaintiffs in the amount of $6,182.50. Defendant’s principal attack on the judgment is that under the terms of the policy, the plaintiffs were not entitled to bring action until they had submitted both the questions of liability and damages to arbitration.

The “uninsured motorist” clause is a comparatively new type of insurance…