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Patel v. LM General Insurance Co.

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

May 2, 2018

RIPAL PATEL, Plaintiff,
v.
LM GENERAL INSURANCE COMPANY, Defendant.

          MEMORANDUM AND ORDER

          RONNIE L. WHITE UNITED STATES DISTRICT JUDGE.

         This 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.

         BACKGROUND

         On 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.)

         LM 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 endorsement.

         I. Part C-Uninsured Motorist Coverage

         Part C is replaced by the following:

INSURING AGREEMENT
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:
1. You.
2. Any "family member" who does not own an ...

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