GAUGHT v. EVANS

SC 2826, SC 2827, SC 2828.

361 So.2d 1027 (1978)

Kathy Lynn GAUGHT et al. v. Robert Earl EVANS et al.

Supreme Court of Alabama.

August 18, 1978.


Attorney(s) appearing for the Case

R. B. Jones of Jones & Monroe, Birmingham, for appellants.

J. Gusty Yearout and Robert D. Hunter, Birmingham, for appellee, Allstate Ins. Co.


ALMON, Justice.

This appeal is from a summary judgment in favor of Allstate Insurance Company denying recovery under the uninsured motorist provision of a policy of insurance issued to Lawson Gaught. The trial court ruled that Allstate was not liable because the appellants settled their claims with the "primary" insurer, St. Paul Insurance Company without exhausting the coverage of the St. Paul policy.

On June 8, 1974, the minor daughters of Lawson Gaught...

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