Harrison
Preferred Risk Mutual Insurance v. Harrison
Opinion
Lead Opinion
Kingsley, J.
Plaintiff insurance company appeals from an adverse judgment in its action for declaratory relief. We affirm.
Defendant was injured in an automobile accident involving a car driven by an uninsured motorist. She had a policy of automobile insur *563 anee with plaintiff which included both the statutorily required uninsured motorist clause and provisions for the payment to her of damages for medical expenses and loss of income. As the result of arbitration under the uninsured motorist clause, it has been found that plaintiff suffered personal injury damages in excess of $17,000. Plaintiff has paid to her $17,000, $15,000 being the policy limit under the uninsured motorist provision, and $2,000 under the medical expense provision. It is stipulated that she suffered a loss of income of $9,000 as such loss is defined in the loss of income provision of the policy. It is plaintiff’s contention that it is entitled to setoff, against that $9,000, the amounts paid to her under the uninsured provision. Since the $15,000 paid under the uninsured clause exceeds the amount payable under the loss of earnings clause, the result would be that plaintiff owes defendant no further amount…