McKimm v. Bell

OPINION

COOPER, Justice.

This is an action to recover damages under the uninsured motorist provisions of an automobile liability policy issued Edward E. McKimm and wife, Doris McKimm, by Allstate Insurance Company. The trial court found that the plaintiffs’ delay in giving notice of their claim was excusable, but held that their subsequent failure to supply various items of proof requested by Allstate amounted to a failure of cooperation, and dismissed plaintiffs’ action. A divided Court of Appeals reversed the judgment of the trial court and entered judgment declaring that plaintiffs were…