Nationwide Mutual Insurance Co. v. Stevens
In Nationwide Mutual Insurance Co. v. Stevens, 166 Ariz. 372, 802 P.2d 1071 (App. 1990), there were multiple defendants, which included an uninsured driver and an insured mother who was sued for negligent supervision. Id. at 374, 802 P.2d at 1073.
The mother's liability insurance carrier settled for her policy limits in exchange for a release of all claims against both the driver and the mother. Id.
In determining whether the injured party could recover damages under the uninsured motorist provision of his automobile liability policy, the court focused, in part, on whether the driver had a liability policy applicable at the time of the accident. Id.
Because the court found there was no applicable policy, the driver was determined to be uninsured, and the injured party was entitled to uninsured motorist coverage under his policy. Id.