Laird v. Nationwide Insurance ( 1964 )

Brailsford, Justice

(dissenting).

I respectfully dissent. The sums recoverable by the respondent from her insurance carrier are those provided by Section 46-750.14 relating to uninsured motorists. They are “all sums which (the insured) shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than the requirements of § 46-750.13.” Here the respondent had recovered judgment for $5,000.00 actual damages and $2,-500.00 punitive damages against an uninsured motorist. Both are sums which she is legally entitled to recover as damages and the aggregate of these sums is within the limits fixed by Section 46-750.13. Therefore, under the terms of the statute, she is entitled to recover the full amount of her judgment against the appellant. In my view, the italicized words in the foregoing quotation, incorporating by reference the limits fixed by Section 46-750.13, have no impact on the character of recoverable damages. They relate only to the amount of coverage which must be afforded an insured motorist who becomes legally entitled to recover damages from an uninsured motorist.

Bussey, J., concurs.