Hogan v. Allstate Ins. Co., 6 Div. 621
| Decision Date | 12 August 1971 |
| Docket Number | 6 Div. 621 |
| Citation | 255 So.2d 35,287 Ala. 696 |
| Parties | Mary HOGAN et al. v. ALLSTATE INSURANCE COMPANY, a Corporation. |
| Court | Alabama Supreme Court |
Coleman & Hancock, Birmingham, for appellants.
Lange, Simpson, Robinson & Somerville, and Lyman H. Harris, Birmingham, for appellee.
This is an appeal from an adverse decree of the Circuit Court of the Tenth Judicial Circuit, Jefferson County, Alabama, in Equity, on appellant's bill for a declaratory judgment.
The facts were stipulated by the parties and the pertinent ones follow.
Appellee (respondent in the court below) Allstate Insurance Company, a Corporation (hereinafter Allstate), issued an automobile liability insurance policy to appellant Ivan Hogan on June 26, 1964. The policy contained uninsured motorist protection for which appellant Ivan Hogan paid a premium. Appellant Mary Hogan was an insured under this policy. Said policy was in effect on September 3, 1966.
One Nathan Speegle was an insured under a policy issued by State Farm Mutual Automobile Insurance Company, a Corporation (hereinafter State Farm), on a 1963 Falcon automobile. The State Farm policy contained uninsured motorist protection in the amount of $10,000 per person and $20,000 per accident.
Appellant Mary Hogan was, on September 3, 1966, a passenger in an automobile owned by Nathan Speegle and operated at that time by his daughter, Elaine Speegle, when said automobile was involved in a collision with a 1965 Chevrolet operated at that time by one Paul William McCay, thereby proximately causing injuries to appellant Mary Hogan.
Appellants, by and through their attorney, notified State Farm and Allstate of the accident. Appellants offered to provide both insurance companies with evidence indicating they were entitled to recover under the uninsured motorist protection in the policies, as well as evidence that the operator of the 1965 Chevrolet, McCay, was uninsured. However, Allstate denied coverage by letter, a copy of which was attached to the bill. Appellants did furnish such information to State Farm, which insured the Speegle automobile, and State Farm subsequently settled with appellants for the sum of $4,500 and received a pro tanto release of its obligations under the policy. Appellant Ivan Hogan, Mrs. Hogan, and appellant Mary Hogan signed an 'Indemnifying Release and Trust Agreement' for State Farm.
Thereafter, appellants filed suits against the uninsured motorist, McCay, in the Circuit Court of Jefferson County, Alabama, Bessemer Division. Appellant Mary Hogan, as a minor, sued by her father and next friend, Ivan Hogan, and obtained a judgment after hearing for $15,000. Appellant Ivan Hogan sued McCay for his damages and obtained a judgment for $1,365.20. Allstate was not given notice of either of the suits, nor were copies of the summonses and complaints served on Allstate. Thereafter, appellants executed a pro tanto release to the uninsured motorist, McCay, for the sum of $1,500 for the claims of the Hogans and the Speegles. Under the terms of the release, the Hogans were to receive a total of $750.00 in monthly installments. At the time of the filing of the bill for declaratory judgment, a portion of this amount had been received by the appellants.
In its letter dated Nobember 2, 1966, Allstate, through its Casualty Supervisor, R. T. Waggoner, in answer to appellants' request for coverage, stated its position as follows:
'I feel that the exclusion is clear and we have established that the vehicle in which your client, was riding was insured for uninsured motorist coverage with State Farm, therefore any uninsured motorist claim being made by Mary Hogan would be excluded by our policy. * *...
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