Sheung Kwong v. Depositors Insurance Co.

OPINION

SCHUMACHER, Judge.

Appellant Sheung Kwong challenges the denial of his motion for summary judgment. The district court certified to this court as important and doubtful the question of whether an insurer may enforce a policy clause for uninsured motorist benefits that requires the insured to obtain the insurers consent before a judgment arising out of a suit between its insured and an uninsured motorist will be binding on the insurer. We answer the certified question in the affirmative.

FACTS

On February 29, 1996, Kwong suffered bodily injury in a collision between his vehicle and an…