U.S. Court of Appeals for the Eighth Circuit, 1970

Richard Lamb, a Minor, by Mrs. Ed. Hanson, His Mother and Next Friend v. Midwest Mutual Insurance Company

U.S. Court of Appeals for the Eighth Circuit · Decided February 2, 1970 · Van Oosterhout, Blackmun, Heaney

421 F.2d 179 (Federal Reporter, Second Series)

Counsel

Donald Joe Adams of Fitton, Meadows & Adams, Harrison, Ark., for appellant., Gordon S. Rather, Jr., of Wright, Lindsey & Jennings, Little Rock, Ark., for appellee.

Cases that cite this one

2 later published cases cite this decision.

Employers Casualty Co. v. Sloan (Tex. App. 1978)
Langstraat v. MIDWEST MUTUAL INSURANCE COMPANY (Iowa 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is a timely appeal by plaintiff Lamb, a minor by his next friend, from final judgment sustaining the motion of the defendant insurer for summary judg■ment of dismissal. Jurisdiction, based upon diversity of citizenship and the requisite amount, is present.

There is no dispute as to the material facts. Plaintiff obtained insurance upon his motorcycle from defendant. Defendant offered uninsured motorist protection for an additional premium, as required by law. Plaintiff rejected such offer. A policy was issued providing no uninsured motorist coverage and no premium was paid for such coverage. Plaintiff’s claim is based upon injuries alleged to have been inflicted upon him by an uninsured motorist while plaintiff was operating his motorcycle.

The facts, issues and the controlling Arkansas law are fully set out in Judge Henley’s opinion reported at 296 F.Supp. 131. We affirm the dismissal judgment upon the basis of the reasoning set forth in Judge Henley’s reported opinion.

Affirmed.

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