Court of Appeals of Missouri, Southern District, First Division
MATTHEW R. MCBRIDE, Plaintiff-Respondent,
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI, Defendant-Appellant.
from the Circuit Court of Scott County Honorable David A.
Dolan, Circuit Judge.
WILLIAM W. FRANCIS, JR., J.
R. McBride ("McBride") brought a declaratory
judgment action against Farm Bureau Town & Country
Insurance Company of Missouri ("Farm Bureau")
seeking a judicial determination that McBride was an insured
under his father's uninsured motorist ("UM")
coverage pursuant to four policies from Farm Bureau, and that
the UM coverages could be stacked. Both parties filed cross
motions for summary judgment, and the trial court granted
summary judgment in favor of McBride and against Farm Bureau.
In one point on appeal, Farm Bureau argues the trial court
erred in that the applicable policy usage of the word
"owned" was not ambiguous, UM coverage was
therefore inapplicable, and the trial court erred in granting
McBride's motion and in denying Farm Bureau's motion.
Finding merit to Farm Bureau's point, we reverse and
remand with directions to enter judgment in favor of Farm
Bureau in accord with this opinion.
and Procedural History
recite the record in accord with the operative uncontested
facts from the summary judgment record, and view the
reasonable inferences available therefrom in the light most
favorable to Farm Bureau (i.e., the party against
whom summary judgment was entered). See ITT Commercial
Fin. Corp. v. Mid-America Marine Supply Corp., 854
S.W.2d 371, 376 (Mo. banc 1993).
lived with his father, Jeffrey McBride, in Benton, Missouri.
Father is the named insured of a motor vehicle insurance
policy (hereinafter "the Policy"), issued by Farm
Bureau effective August 14, 2017 to February 14, 2018. The
Policy covers four separate motor vehicles, (a 2006 Dodge Ram Pickup, a 2014 Dodge Dart, a
2012 Nissan Sentra, and a 2005 Chrysler 300), and each
vehicle listed under the Policy has its own declarations
about August 25, 2017, Auston Colgan operated a Jeep that was
involved in a motor vehicle crash. McBride was a passenger in
the Jeep at the time of the crash, and sustained injuries
resulting in medical expenses exceeding $116, 000. At the
time of the crash, Colgan's Jeep was not covered by a
policy of motor vehicle liability insurance.
relevant here, the Farm Bureau policies at issue recited as
PART C-UNINSURED MOTOR VEHICLE COVERAGE
Who is an Insured
1. The first person listed as a Named
Insured on the Automobile Declaration and/or the first
person listed as Designated Representative
on the Automobile Declaration.
summary judgment record reflects that "Jeffrey S
McBride" is the first-named insured on the policies.
"Who is an Insured" section for UM
coverage continues as follows:
3. The family members of the person(s) identified in 1. above
except that any family member who owns or leases an auto is
only considered to be an insured while occupying your auto, a
temporary substitute auto, a newly ...