Motorists Mut. Ins. v. Bates

This is an action by an insurance company to recover the amount it paid Helen Souder under the uninsured motorist coverage provision of an automobile insurance policy issued to her husband, Oren B. Souder, by the terms of which she was also an insured.

Injuries were sustained by Helen Souder in an accident which occurred September 10, 1969. The complaint was filed September 3,1971, and the matter was heard February 9, 1972, after the running of the statute of limitations on a negligence action.

On the date of trial, most material facts were stipulated and the court made its findings that…