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.

Strain v. Safeco Insurance Company of Illinois

United States District Court, W.D. Missouri, Western Division

February 21, 2018

RENAE STRAIN, Plaintiff,
v.
SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant.

          ORDER (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

          ORTRIE D. SMITH, UNITED STATES DISTRICT COURT SENIOR JUDGE

         Pending are cross-motions for summary judgment. Defendant's motion for summary judgment (Doc. #16) is granted, and Plaintiff's motion for summary judgment (Doc. #18) is denied.

         I. BACKGROUND

         The material facts are not in dispute.[1] On January 23, 2017, Plaintiff Renae Strain was an occupant of a 2003 Honda Pilot driven by her husband, Joel Strain. Plaintiff and her husband were struck by an automobile driven by non-party Sara Boyer after Boyer's vehicle crossed the center line of an icy road. Boyer maintained insurance with Geico Insurance, but her policy provided liability limits of only $25, 000 per person. Geico tendered its policy limits to Plaintiff, but Plaintiff suffered injuries in excess of $25, 000.

         At the time of the accident, Plaintiff's Safeco Insurance Policy Z4843096 was in force. The policy provided coverage for a 1999 Dodge Ram, a 1981 Chevrolet Corvette, and the 2003 Honda Pilot involved in the accident. The policy's declarations page for each of the three vehicles provided underinsured motor vehicle coverage with limits of “$100, 000 Each person” for claims arising out of bodily injury to one person, and “$300, 000 Each Accident” for claims arising out of bodily injury in one accident.

         The limit of liability section of the policy's underinsured motorists coverage states:

A. The limit of liability shown in the Declarations for “each person” for Underinsured Motorists Coverage is our maximum limit of liability for all damages, including damages for care, loss of services or death (including loss of consortium and wrongful death), arising out of bodily injury sustained by any one person in any one accident.
Subject to this limit for “each person”, the limit of liability shown in the Declarations for “each accident” for Underinsured Motorists Coverage is our maximum limit of liability for all damages for bodily injury resulting from any one accident.
This is the most we will pay regardless of the number of:
1. Insureds;
2. Claims made;
3. Vehicles or premiums shown in the Declarations; or
4. Vehicles involved in the accident.
If more than one vehicle is insured under this policy, or if more than one policy issued to the insured applies to the same accident, the limits applicable to ...

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.