Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Midwestern Indem. Co. v. Brooks

United States Court of Appeals, Eighth Circuit

March 2, 2015

The Midwestern Indemnity Company, Plaintiff - Appellee
v.
Malissa Brooks; Bradley Brooks, Defendants - Appellants

Submitted January 13, 2015

Page 541

Appeal from United States District Court for the Western District of Missouri - Kansas City.

For R.J. Zayed, in His Capacity As Court-Appointed Receiver For The Oxford Global Partners, LLC, Universal Brokerage FX, and Other Receiver Entities, Plaintiff - Appellant: Brenton A. Elswick, Brian William Hayes, Tara Norgard, Russell Rigby, Carlson & Caspers, Minneapolis, MN; William Flachsbart, Robert P. Greenspoon, Flachsbart & Greenspoon, Chicago, IL; D. Timothy McVey, Mcvey & Parsky, Chicago, IL; Keith Vogt, Takiguchi & Vogt, Oak Brook, IL.

For Associated Bank, N.A., Defendant - Appellee: Paul Whitfield Hughes, Alex C. Lakatos, Charles Alan Rothfeld, James Fallows Tierney, Mayer & Brown, Washington, DC; Charles F. Webber, Faegre & Baker, Minneapolis, MN.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.

OPINION

Page 542

RILEY, Chief Judge.

Malissa Brooks seeks to " stack" [1] her underinsured motorist (UIM) coverage limits after a negligent driver struck Brooks as she rode her bicycle. Her insurer, Midwestern Indemnity Company (Midwestern), moved for summary judgment on the basis that Brooks's policy unambiguously prohibits UIM coverage stacking. The district court[2] agreed and granted summary judgment in Midwestern's favor. Because Brooks's policy clearly forbids stacking, we affirm.[3]

I. BACKGROUND

A. Facts

On September 19, 2011, Brooks was riding her bicycle when Clyde Lawrence negligently struck her with his car. Lawrence afterward passed away of unrelated causes. Brooks and her husband, Bradley Brooks, filed suit in Missouri state court against Lawrence's estate (estate), which soon settled for the $50,000 limit of Lawrence's auto insurance policy. In this settlement,

Page 543

the Brookses agreed not to seek additional recovery from Lawrence's estate, heirs, or insurer, but the Brookses retained the right to seek recovery from Midwestern.

The Brookses' auto insurance policy with Midwestern provides UIM bodily injury coverage for several vehicles. On the declarations page for the UIM endorsement, the policy states, " Insurance is provided where a premium entry is shown for the coverage." This page lists " Underinsured Motorist Bodily Injury" with liability limits of $100,000 per-person and $300,000 per-accident. Next to this, a premium amount appears for each of five vehicles, indicating the Brookses pay five UIM premiums for UIM coverage, one for each of the five vehicles. After the Brookses settled with the Lawrence estate, Midwestern ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.