Bell v. Mid-Century Insurance Co.

KENNEDY, Chief Judge.

Appellant Tracy Jenkins was injured in a Missouri automobile accident on July 1, 1985. He asserted against the driver of the other car a claim for personal injuries, which claim was settled for an amount in excess of $5,000. Five thousand dollars of the proceeds of the settlement is being claimed by Mid-Century Insurance Company and is being held in escrow by appellant’s attorney, pending the outcome of the present declaratory judgment action to determine Mid-Century’s claim.

Mr. Jenkins, a Kansas resident, was at the time of the accident the holder of a Kansas automobile…