Cole

Introduction

Appellant Aaron Cole was a passenger in an automobile driven by Troy Franks, son of Charles and Barbara Franks, Royal Insurance Company’s (Royal) insured. Royal interpled the $100,000 limits of the Franks liability policy because of the extent of injuries suffered by Cole and others. Cole filed a cross-complaint for declaratory relief against Royal seeking damages under the underinsurance provisions of the Franks policy. After a trial on Cole’s cross-complaint, the trial court entered judgment for Royal.

Facts and Proceedings Below

Troy Franks was involved in a two-vehicle collision when the automobile he was operating rear-ended a tractor-trailer owned by Stanley Houser and operated by Neil McDonald. Cole and Mitchell Madron were passengers in the Franks vehicle. Royal’s liability policy for the Franks vehicle was a single limit $100,000 policy.

As a result of injuries suffered, Cole filed a complaint against Franks, McDonald and Houser; Houser filed a complaint against Franks and McDonald; and Madron filed a complaint against Troy and Charles Franks, McDonald and Houser.

Based on the claims against Franks, on August 14, 1987, Royal filed its complaint…