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Dior v. American Family Insurance Co.

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

October 30, 2019

TODD J. DIOR, Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant.

          MEMORANDUM AND ORDER

          RONNIE L. WHITE UNITED STATES DISTRICT JUDGE.

         This matter is before the court on Defendant's Motion for Summary Judgment (ECF No. 18) and Plaintiffs Motion for Summary Judgment (ECF No. 21). These matters are fully briefed and ready for disposition.

         BACKGROUND

         Plaintiff Todd Dior ("Dior") and Defendant American Family Mutual Insurance Company, S.I. ("American Family") are parties to an automobile insurance policy (the "Policy"), which covered the period of July 27, 2017 to January 27, 2018. (Joint Stipulation of Undisputed Material Facts ("SUMF", ECF No. 20, ¶¶l-2). The vehicle insured by the Policy was Dior's 2014 Cadillac XTS. (SUMF, ¶3). The Policy includes an endorsement for "Underinsured Motorist-Bodily Injury Coverage." (SUMF, ¶4).

         Under the insuring agreement for the Policy's "Underinsured Motorist-Bodily Injury Coverage," American Family agreed to insure Dior for "Underinsured Motorist-Bodily Injury" under the following terms and conditions:

         B. Insuring Agreement

1. Subject to the provisions contained within each section of this endorsement, we will pay compensatory damages for bodily injury an insured person is legally entitled to recover from the operator of an underinsured motor vehicle. The amount of compensatory damages for bodily injury an insured person is legally entitled to recover from the operator of an underinsured motor vehicle. The amount of compensatory damages we will pay will never exceed the underinsured motorist coverage limits of liability shown on the Declarations minus any payment or reduction set forth in Section D. Limits of Liability, paragraph 6. in this endorsement. The bodily injury must:
a. be sustained by an insured person;
b. be caused by the accident; and
c. arise out of the ownership, maintenance or use of an underinsured motor vehicle.
2. You must notify us of any suit brought to determine legal liability or damages. Without our written consent, we are not bound by any resulting settlement or judgment.
3. We will pay under the Underinsured Motorist-Bodily Injury Coverage only if:
a. the limits of liability under all applicable bonds or policies providing bodily injury liability coverage have been exhausted by payment of judgments or settlements; and
b. the insured person informs us of a settlement offer by or on behalf of the owner or operator of the underinsured motor vehicle and requests our ...

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