Summary Judgment for Insurance Client in $150,000 Underinsured Motorist Case
Secured summary judgment for an insurance company in the St. Louis County Circuit Court in Missouri. This was a breach of contract and vexatious refusal case wherein the plaintiff sought underinsured motor vehicle coverage. The tortfeasor had two liability insurance policies: a $100,000 liability policy, and the vehicle he was driving had a separate $50,000 liability policy. The plaintiff recovered $150,000 from the tortfeasor, and then sought underinsured motorist (UIM) coverage. The plaintiff argued that since the “vehicle” only had $50,000 in coverage, there was UIM coverage. The court rejected this argument and held that the insurer was entitled to the full set-off of $150,000, reducing coverage to zero, and entered summary judgment in favor of the carrier.