Court of Appeals of Missouri, Eastern District, First Division
from the Circuit Court of the City of St. Louis 1522-CC11135
Honorable Joan L. Moriarty
M. CLAYTON III, PRESIDING JUDGE.
Casualty Insurance Company ("Appellant") appeals
the trial court's grant of summary judgment in favor of
Richard Lawson ("Respondent") on Respondent's
action seeking compensatory damages under an underinsured
motorist ("UIM") policy issued by Appellant. We
reverse and remand.
The Undisputed Facts Giving Rise to this Appeal
the parties dispute the interpretation of the relevant
insurance policy, they do not dispute the underlying facts,
which are as follows. On August 23, 2013, Respondent was a
passenger in the vehicle owned and operated by his daughter,
Nicole Lawson. The vehicle occupied by Nicole and
Respondent was rear-ended by Sophie Rehagen, who was at fault
in the collision. Respondent suffered permanent and
significant injuries; it was stipulated that his damages
exceeded $150, 000.
time of the collision, Rehagen was insured under an
automobile liability policy, which provided bodily injury
coverage with a limit of liability of $100, 000 per person.
Additionally, the vehicle owned and operated by Nicole was
insured under a personal automobile policy issued by
Appellant to Nicole ("the Progressive policy" or
"the Policy"). The Policy's effective dates
were from March 27 through September 27, 2013; the parties
stipulated the Policy was in full force and effect at the
time of the collision. The parties also stipulated that
Nicole had paid all premiums due on the Policy, and
Respondent was an insured person under the Policy.
declarations page of the Progressive policy contained an
Outline of Coverage, which listed the Policy's limits of
liability. Just above the list of coverage limits, the
declarations page contained the following signal: "All
Limits listed below are subject to all terms, conditions,
exclusions and applicable reductions described in the
policy." The Policy included an endorsement for Missouri
UIM coverage, which provided coverage with limits of $50, 000
per person and $100, 000 per accident. The UIM endorsement
If you pay the premium for this coverage, we will pay for
damages that an insured person is legally entitled to recover
from the owner or operator of an underinsured motor
vehicle because of bodily injury . . ..
partially omitted). The Policy defines "underinsured
motor vehicle" as follows:
"Underinsured motor vehicle" means a land motor
vehicle or trailer of any type for which the sum of the
limits of liability under all bodily injury liability bonds
or policies applicable at the time of the accident is less
than the coverage limit for Underinsured Motorist Coverage
shown on the declarations page.
"underinsured motor vehicle" does not include any
vehicle or equipment:
h. for which the sum of the limits of liability under all
bodily injury bonds or policies applicable at the time of the
accident is equal to or greater than the coverage limit of