Westphal v. Amco Insurance Company

WINANS, Justice.

This is an action for declaratory relief declaring that defendant, Amco Insurance Company, under its uninsured motorist coverage, should pay damages in excess of the limits of defendant Dairyland Insurance Company’s policy insuring motorist coverage with respect to the automobile in which plaintiffs were riding. The trial was held to the court and the facts stipulated. The lower court held that plaintiffs had no right of recovery from Amco under the terms and conditions of its liability policy. We reverse.

The controversy arises out of a motor vehicle collision occurring April…