Allied Mutual Insurance Company v. Larriva

HATHAWAY, Chief Judge.

The plaintiff-appellee brought this action to collect benefits under an automobile liability policy issued by the defendant-appellant to plaintiff’s late husband who was killed in an accident caused by an uninsured motorist. The plaintiff sought the full amount ($10,000) of coverage under the uninsured motorist coverage in the policy.

The two main points of defense were (1) the policy does not provide coverage if it would inure to the benefit of any workmen’s compensation carrier, and (2) the policy provides that any amount payable under the uninsured motorist coverage…