Frey v. Independence Fire & Casualty Co.

OPALA, Justice.

Certiorari presents two questions: (1) Did the insured timely raise the issue whether the insurer, because of its denial of the insured’s claims, was precluded, by waiver or estoppel, from relying on the insured’s breach of the so-called trust agreement clause of his uninsured motorist coverage? and (2) Did the insured’s “covenant not to sue”, given the tortfeasor before suit was brought under the uninsured motorist coverage, destroy the insurer’s subrogation rights and hence bar recovery under the doctrine announced in Porter v. MFA Mutual Ins. Co.? 1 We answer the first…