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Allied Property and Casualty Insurance Co. v. Simpson

United States District Court, E.D. Missouri, Eastern Division

September 9, 2014

ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff,
v.
TYLER SIMPSON, Defendant.

MEMORANDUM AND ORDER

JEAN C. HAMILTON, District Judge.

This matter is before the Court on Defendant Tyler Simpson's Motion to Dismiss, filed July 21, 2014. (ECF No. 4). The motion is fully briefed and ready for disposition.

BACKGROUND[1]

Plaintiff Allied Property and Casualty Insurance Company ("Allied") issued a policy of Personal Automobile Insurance, Policy No. PPCM0035591631-1 ("the Policy"), to Defendant Tyler Simpson ("Simpson"). (Complaint for Declaratory Judgment ("Compl."), ¶ 6). The policy period was to run from February 9, 2013, to February 9, 2014. (Id.). Simpson alleges that on March 16, 2013, he was involved in a motor vehicle collision with a vehicle driven by Ms. Tiffany Thiemann. ( Id., ¶ 7).

The Underinsured Motorists Coverage Endorsement of the Policy provided that:

INSURING AGREEMENT
A. We will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "underinsured motor vehicle" because of "bodily injury":
1. Sustained by an "insured"; and
2. Caused by an accident.
The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "underinsured motor vehicle".
* * *
C. "Underinsured motor vehicle" means a land motor vehicle or trailer of any type to which a bodily injury liability bond or policy applies at the time of the accident but its limit for bodily injury liability is less than the limit of liability for this coverage.

(Compl., ¶ 8). The Underinsured Motorists Coverage ...


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