Sayan V. United Services Automobile Association

United Services Automobile Association (USAA) appeals a summary judgment that Timothy Sayan, an insured under a USAA automobile liability policy, is entitled to recover damages under the uninsured motorist coverage (UMC) provisions of that policy. USAA also appeals from the denial of summary judgment in its own favor. The question before us is whether the statutory language, "legally entitled to recover [from an uninsured motorist]," was intended to exonerate an insurer from liability to its insured under UMC coverage where, by virtue of federal law, the uninsured motorist responsible for the insured's injuries enjoys an absolute immunity from suit. We answer in the affirmative, reverse the summary judgment for Sayan, and remand for entry of summary judgment for USAA.