WILBOURN v. ALLSTATE INSURANCE COMPANY

SC 871.

305 So.2d 372 (1974)

Leon WILBOURN, as guardian of the Estate of Edward R. Wilbourn, a minor, v. ALLSTATE INSURANCE COMPANY, a foreign corporation.

Supreme Court of Alabama.

December 19, 1974.


Attorney(s) appearing for the Case

Martinson & Beason, Huntsville, for appellant.

Camp, Page, Williams & Spurrier, Huntsville, for appellee.


MADDOX, Justice.

This appeal presents a question of first impression involving uninsured motorist coverage in an automobile liability insurance policy.

The tortfeasor had insurance with policy limits as set out in Alabama's Financial Responsibility Law, but insurance was not enough to cover plaintiff's injuries. In other words, the tortfeasor was not uninsured; he was underinsured.

The facts are undisputed and stipulated. Plaintiff...

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