Aetna Casualty & Surety Co. v. Belcher

The issue in this case is whether a guest passenger who was injured in an accident involving an uninsured motorist on April 11, 1974, and has been paid $18,000 after arbitration by the host driver’s insurance company under an uninsured motorist provision in that policy, is barred by an "other insurance” clause in his own policy from seeking arbitration against his own insurer. On the facts of this case, the trial court held he was not, and we agree.

Belcher was injured on April 11, 1974, while a guest passenger in an automobile driven by Harold Lowrey when Lowrey’s automobile was struck by an…