Artery v. Allstate Insurance Co.

Opinion by

Judge DAVIDSON.

In this automobile insurance case, defendant, Allstate Insurance Company (Allstate), appeals from the declaratory judgment entered in favor of plaintiff, Dennis Artery, finding that a release signed by plaintiff and an uninsured driver did not bar plaintiff from seeking uninsured motorist benefits. Plaintiff also cross-appeals from that portion of the judgment denying his request to set aside the release based on a mutual mistake of fact. We affirm in part and reverse in part.

On June 1,1994, plaintiff and another driver were involved in an automobile accident. The…