United States District Court, W.D. Missouri, Western Division
ORDER AND OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
ORTRIE D. SMITH, Senior District Judge.
This suit asserts various claims arising from Plaintiff's contention that he is covered under the underinsured motorist provisions of his parents' automobile policies. Defendant's Motion for Summary Judgment (Doc. # 15) is granted.
In December 2012, Plaintiff was involved in an automobile accident with Margo Reed. Plaintiff was seventeen years old at the time; he lived with his parents and was driving an Acura Integra titled in his mother's name. Plaintiff collected the limits under Reed's automobile policy, but those sums were insufficient to compensate Plaintiff for his damages.
Plaintiff's parents owned three other vehicles: a Pontiac Grand Prix, a Harley Davidson FXD, and a Chevrolet Trailblazer. Defendant issued insurance policies on all four vehicles. Plaintiff is not a named insured on any of them. All four policies contained an underinsured motorist ("UIM") provision; the terms of the UIM coverage were the same in all four policies except for the coverage limits: for the Acura, the UIM paid $25, 000 per person and $50, 000 total per accident, and for the other three policies it paid $100, 000 per person and $300, 000 per accident. Plaintiff contended he was entitled to $100, 000 and filed suit when Defendant declined to pay that sum. After this suit was filed, Defendant paid Plaintiff $25, 000 - the limit of the Acura's UIM coverage.
A moving party is entitled to summary judgment on a claim only if there is a showing that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." See generally Williams v. City of St. Louis , 783 F.2d 114, 115 (8th Cir. 1986). "[W]hile the materiality determination rests on the substantive law, it is the substantive law's identification of which facts are critical and which facts are irrelevant that governs." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248 (1986). Thus, "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Wierman v. Casey's Gen. Stores , 638 F.3d 984, 993 (8th Cir. 2011) (quotation omitted). In applying this standard, the Court must view the evidence in the light most favorable to the non-moving party, giving that party the benefit of all inferences that may be reasonably drawn from the evidence. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 588-89 (1986); Tyler v. Harper , 744 F.2d 653, 655 (8th Cir. 1984), cert. denied, 470 U.S. 1057 (1985). However, a party opposing a motion for summary judgment "may not rest upon the mere allegations or denials of the... pleadings, but... by affidavits or as otherwise provided in [Rule 56], must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e).
As is true for all contracts, interpretation of an insurance contract is a matter of law. Seeck v. Geico General Ins. Co. , 212 S.W.3d 129, 123 (Mo. 2007) (en banc). Ambiguities are to be construed in favor of the insured. Id . "An ambiguity exists when there is duplicity, indistictness or uncertainty in the meaning of the policy [and] is reasonably open to different constructions." Gulf Ins. Co. v. Noble Broadcast , 936 S.W.3d 810, 814 (Mo. 1997) (en banc). The presence of a broad provision for coverage coupled with subsequent narrowing language does not create an ambiguity. Todd v. Missouri United School Ins. Council , 223 S.W.3d 156, 162-63 (Mo. 2007) (en banc).
Plaintiff does not contend that the policies stack. Instead, he contends he is entitled to recover the highest amount available under any one of his parents' policies, or $100, 000. As all of the policies' UIM provisions (including exclusions) are the same, any one of them may be referred to as a representative sample. The Court will use the Pontiac's policy as an exemplar. The UIM coverage states Defendant
will pay compensatory damages for bodily injury an insured is legally entitled to recover from the owner or driver of an underinsured motor vehicle. The bodily injury must be:
1. sustained by an insured; and
2. caused by an accident that involves the operation, maintenance, or use of an underinsured motor ...