United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
matter is before the court on LM General Insurance
Company's Motion for Summary Judgment (ECF No. 14). This
matter is fully briefed and ready for disposition.
January 11, 2016, Maulik Patel ("Maulik"),
Plaintiffs husband, was killed by gunfire while stopped in
traffic in his 2011 Hyundai Sonata ("Hyundai") near
Goodfellow Boulevard and Interstate 70 in St. Louis,
Missouri. (Defendant LM General Insurance Company's
Statement of Uncontroverted Material Facts
("DSUMF"), ECF No. 16, ¶1). The occupants of
an unknown vehicle fired several shots from the vehicle and
hit Maulik and his Hyundai. (DSUMF, ¶2.)
General Insurance Company ("LM General") issued a
personal automobile policy to Maulik and Ripalben Patel,
Policy Number AOS-248-282585-40 ("the Policy"),
with effective dates April 1, 2016 through April 1, 2017.
(DSUMF, ¶3). The Policy provides coverage for the
Hyundai, including uninsured motorist coverage limits of
$250, 000 for "Each Person" and $500, 000 for
"Each Accident." (DSUMF, ¶4). The Policy
contains the following language:
UNINSURED MOTORISTS COVERAGE-MISSOURI
With respect to the coverage provided this endorsement, the
provisions of the policy apply unless modified by the
Part C-Uninsured Motorist Coverage
is replaced by the following:
A. We will pay compensatory damages which an
"insured" is legally entitled to recover from the
owner or operator of an "uninsured motor vehicle"
because of "bodily injury":
1. Sustained by an "insured".
The owner's or operator's liability for these damages
must arise out of the ownership, maintenance or use of the
"uninsured motor vehicle".
B. "Insured" as used in this Part means:
2. Any "family member" who does not own an ...