Grimes

Plaintiffs Steven and Eugene Grimes brought suit against defendants Elite Insurance Company and W. D. Forney Insurance Agency to obtain a judicial declaration that, a policy of motorcycle insurance provided plaintiffs with uninsured motorist coverage. Plaintiffs also sought an order directing defendants to arbitrate the questions of liability and damages.

Defendant Elite Insurance Company filed an answer in which it admitted having issued a policy of motorcycle insurance to plaintiff Eugene Grimes. However, Elite alleged that the policy did not afford uninsured motorist coverage, since Eugene Grimes had knowingly executed a waiver of such coverage.

Defendant W. D. Forney Insurance Agency filed a separate answer to the complaint, denying the charging allegations thereof and raising the defense of assumption of the risk.

Elite subsequently filed a cross-complaint against W. D. Forney Insurance Agency, seeking indemnity in the event that the trial court determined that the policy of motorcycle insurance did furnish plaintiff with uninsured motorist coverage.

The trial court granted the motion of defendant W. D. Forney Insurance Agency to sever the cross-complaint for…