UM/UIM coverage
In response to its insured's UM claim, the.
This case concerns a declaratory judgment action by plaintiff-appellant American Freedom Insurance Company (American) against defendants-appellees Ramon Garcia, Luis Flores-Jimenez, Nancy Benitez-Yanez, and Direct Auto Insurance Company (Direct) arising out of a 2013 vehicular collision involving Garcia and Benitez-Yanez. American sought a judgment that Benitez-Yanez was covered by Direct at the time of the incident so that Garcia did not have an uninsured motorist claim against American. In defense, Direct raised an earlier judgment finding Benitez-Yanez and Flores-Jimenez to not be Direct’s insureds at the time of the 2013 incident. Garcia was a party to the earlier judgment, but American was not. The trial court in the instant case denied American’s summary judgment motion and granted Direct’s motion to dismiss.