Lynch v. Shelter Mutual Insurance Co.

325 S.W.3d 531, 2010 Mo. App. LEXIS 1346, 2010 WL 3922776
CourtMissouri Court of Appeals
DecidedOctober 7, 2010
DocketSD 30270
StatusPublished
Cited by22 cases

This text of 325 S.W.3d 531 (Lynch v. Shelter Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynch v. Shelter Mutual Insurance Co., 325 S.W.3d 531, 2010 Mo. App. LEXIS 1346, 2010 WL 3922776 (Mo. Ct. App. 2010).

Opinion

*533 GARY W. LYNCH, Judge.

Ashley Lynch sued Shelter Mutual Insurance Company (“Shelter”) seeking $200,000.00 in underinsured motorist benefits under the terms of four Shelter insurance policies for injuries that resulted from a motor vehicle collision. The trial court entered summary judgment in favor of Shelter, holding that, due to the unambiguous set-off clause and anti-stacking language in the Underinsured Motorist (“UIM”) Endorsement to each policy, Shelter did not owe any money to Lynch. On appeal, Lynch contends that the set-off and anti-stacking provisions are ambiguous and should be construed in favor of coverage. Finding no ambiguities as alleged by Lynch, we affirm the trial court’s judgment.

Factual and Procedural Background

On July 1, 2006, Lynch was a passenger in Michael Glavin’s vehicle when Glavin lost control of the vehicle, causing it to strike a guard rail. As a result of the accident, Lynch sustained various and severe injuries, including a right pelvis fracture, a skull fracture, a fracture to the sacroiliac joint, and a herniated disk. The parties stipulate that Lynch suffered in excess of $300,000.00 in damages as a result of the accident.

Glavin’s insurer at the time, SAFECO Insurance Company of America (“SAFE-CO”), provided a policy with liability limits of $100,000.00 per person and $300,000.00 per occurrence. SAFECO paid the policy limit of $100,000.00 to Lynch in settlement of any and all claims she might have against Glavin.

At the time of the accident, Lynch was an insured under four separate policies issued by Shelter, each covering a different vehicle. All four policies were in full force and effect at the time of the collision. Each included a declared limit of liability for underinsured motorist coverage in the amount of $50,000.00 per person and $100,000.00 per occurrence. 1 Lynch filed a petition against Shelter in August 2008 seeking $200,000.00 in underinsured motorist coverage under the terms of the four Shelter policies. In claiming this amount, she asserted that the $50,000.00 declared limit of liability of each of the four policies should be “s tacked” together.

The relevant provisions of the UIM Endorsement, which is the same for each policy, are as follows:

ADDITIONAL DEFINITIONS USED IN THIS ENDORSEMENT As used in this Coverage E-l,
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(2) Damages means the full amount of compensation due for bodily injury.
(3) Uncompensated damages means the portion of the damages which exceeds the total amount paid or payable to an insured by, or on behalf of all persons legally obligated to pay those damages.
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INSURING AGREEMENT FOR COVERAGE E-l
If an insured sustains bodily injury as a result of an accident involving the use of a motor vehicle, and is entitled to damages from any person as a result of that bodily injury, we will pay the uncompensated damages subject to the limit of our liability stated in this endorsement.
*534 [[Image here]]
LIMIT OF OUR LIABILITY
The limit of liability for this Coverage will be the limit of liability stated for this particular endorsement number in the Declarations, subject to the following limitations:
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(2) The limit of liability stated in the Declarations will be reduced by all amounts paid or payable to the insured making the claim by, or on behalf of, all persons legally obligated to pay any portion of the damages to that insured.
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(5) Regardless of the number of:
(a) vehicles involved in the accident,
(b) persons insured,
(c) claims made, or
(d) premiums paid,
the limits for this Coverage may not be added to, combined with, or stacked onto the limits of other under-insured motorists coverage to determine the total limit of underinsured motorists coverage available to any insured for any one accident.
OTHER INSURANCE
If an insured’s claim under this Coverage arises out of bodily injury sustained while occupying the described auto, no other policy of underinsured motorist insurance, issued by us will apply to such a claim. However, the insurance provided by this Coverage will apply as excess insurance over any other company’s underinsured motorists insurance available to the insured as a result of the same accident. The insurance under this policy will then apply only if the total of the limits of all such other insurance is less than the limit of liability of this Coverage. In that instance, we will be liable, under this Coverage, for only that amount by which its limit of liability exceeds the total limits of all such other insurance.

Shelter filed a motion for summary judgment asserting that because Glavin’s insurance company paid Lynch $100,000.00, the set-off provision of subsection (2) under the “Limit of Our Liability” section of the Endorsement reduced Lynch’s recovery to zero, because the per-person declared liability limit of $50,000.00 must be reduced by the $100,000.00 paid by Glavin’s insurer. Furthermore, Shelter argued that the anti-stacking language found in subsection (5) under that same section unambiguously prohibited stacking.

The trial court entered judgment in favor of Shelter on all of Lynch’s claims. Lynch’s timely appeal followed.

Standard of Review

We review a trial court’s grant of summary judgment de novo and view the record in the light most favorable to the party against whom judgment was entered. Seeck v. Geico Ins. Co., 212 S.W.3d 129, 182 (Mo. banc 2007); American Std. Ins. Co. v. Hargrave, 34 S.W.3d 88, 89 (Mo. banc 2000). Summary judgment is appropriate where there is no genuine issue as to material fact and the movant is entitled to judgment as a matter of law. American Std. Ins. Co., 34 S.W.3d at 89.

“The interpretation of an insurance policy is a question of law that this [Cjourt determines de novo.” Jones v. Mid-Century Ins. Co., 287 S.W.3d 687, 690 (Mo. banc 2009). “In construing the terms of an insurance policy, this Court applies ‘the meaning which would be attached by an ordinary person of average understanding if purchasing insurance,’ and resolves ambiguities in favor of the insured.” Id. (quoting Seeck, 212 S.W.3d at 132; Martin *535 v. United States Fid.

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Cite This Page — Counsel Stack

Bluebook (online)
325 S.W.3d 531, 2010 Mo. App. LEXIS 1346, 2010 WL 3922776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-shelter-mutual-insurance-co-moctapp-2010.