Midwestern Indemnity Co. v. Brooks

12 F. Supp. 3d 1166, 2014 WL 1292458, 2014 U.S. Dist. LEXIS 43118
CourtDistrict Court, W.D. Missouri
DecidedMarch 31, 2014
DocketCase No. 13-0304-CV-W-ODS
StatusPublished

This text of 12 F. Supp. 3d 1166 (Midwestern Indemnity Co. v. Brooks) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Midwestern Indemnity Co. v. Brooks, 12 F. Supp. 3d 1166, 2014 WL 1292458, 2014 U.S. Dist. LEXIS 43118 (W.D. Mo. 2014).

Opinion

ORDER AND OPINION (1) DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ORTRIE D. SMITH, Senior District Judge.

Pending are cross motions for summary judgment. The Court hereby denies Defendants’ motion (Doc. #33) and grants Plaintiff’s motion (Doc. # 29).

I.BACKGROUND

The facts are undisputed. In September 2011, Defendant Malissa Brooks was riding a bicycle on Missouri Highway 18 when she was struck by a car driven by Clyde Lawrence. Malissa (or Malissa and her husband) filed suit against Lawrence in state court; that suit was settled for the limits of his policy, or $50,000. This case involves the Brooks’ claim against their own insurance company, which seeks recovery under the underinsured motorist (“UIM”) provisions. That provision provides for $100,000 of coverage. Defendants own five vehicles insured by Plaintiff, and they contend they are entitled to $500,000 of coverage; Plaintiff contends the underinsured motorist provisions do not stack and the maximum coverage is $100,000. Plaintiff has paid $100,000, the amount it alleges to be the policy limit; the parties agree Defendants’ damages exceed that amount.

Defendants’ argument relies heavily on the Declarations Page, which summarizes the amounts and types of coverage and the premiums charged, but which does not contain any actual language specifying the terms or conditions of the coverage provided. Exhibit 1 to Complaint at 9-10. The Declarations Page indicates UIM protection applies for each of Defendant’s cars. It further indicates the limit for UIM coverage is $100,000 per person and $800,000 per accident.

Plaintiffs argument relies heavily on the policy’s language, including particularly the following provisions:

Limit of Liability

A. The Limit Of Liability shown in the Schedule or in the Declarations for each person for Underinsured Motorists Coverage is our maximum limit of liability for all damages, including damages for care, loss of services or death, arising out of “bodily injury” sustained by any one person in any one accident. Subject to this limit for each person, the Limit Of Liability show in the Schedule or in the Declarations for each accident for Underin-sured Motorists Coverage is our maximum limit of liability for all damages for “bodily injury” resulting from any one accident.

This is the most we will pay regardless of the number of:

1. “Insureds’”;
2. Claims made;
3. Vehicles or premiums show in the Schedule or in the Declarations; or
4. Vehicles involved in the accident
* * *

[1168]*1168Other Insurance

If there is other applicable insurance available under one or more policies or provisions of coverage that is similar to the insurance provided by this endorsement:

1. Any recovery for damages under all such policies or provisions of coverage may equal but not exceed the highest applicable limit for any one vehicle under any insurance providing coverage on either a primary or excess basis.

Finally, Part F contains “General Provisions,” one of which states that

If this policy and any other auto insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under any one policy.

II. DISCUSSION

A moving party is entitled to summary judgment on a claim only if there is a showing that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” See generally Williams v. City of St. Louis, 783 F.2d 114, 115 (8th Cir.1986). “[Wjhile the materiality determination rests on the substantive law, it is the substantive law’s identification of which facts are critical and which facts are irrelevant that governs.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Thus, “[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Wierman v. Casey’s Gen. Stores, 638 F.3d 984, 993 (8th Cir.2011) (quotation omitted). In applying this standard, the Court must view the evidence in the light most favorable to the non-moving party, giving that party the benefit of all inferences that may be reasonably drawn from the evidence. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 588-89, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Tyler v. Harper, 744 F.2d 653, 655 (8th Cir.1984), cert. denied, 470 U.S. 1057, 105 S.Ct. 1767, 84 L.Ed.2d 828 (1985). However, a party opposing a motion for summary judgment “may not rest upon the mere allegations or denials of the ... pleadings, but ... by affidavits or as otherwise provided in [Rule 56], must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e).

“Stacking” refers to an insured’s ability to obtain multiple insurance coverage benefits for a single injury. The issue of stacking arises primarily in two circumstances: (1) when there are multiple insurers involved, such as when the insured has two vehicles each insured by a different insurer, or (2) when there are multiple coverages in a single policy, such as when an insured has multiple vehicles covered by a single policy. Daughhetee v. State Farm Mut. Auto. Ins. Co., No. 13-1185, 743 F.3d 1128, 1131, 2014 WL 563579, *3 (Mar. 18, 2014) (citing Niswonger v. Farm Bureau Town & Country Ins. Co. of Mo., 992 S.W.2d 308, 313 (Mo.Ct.App.1999)).

This is a case of the second sort: Defendants argue they are entitled to stack coverages because they have multiple cars insured by Plaintiff. The issue is one of contract interpretation. As is true for all contracts, interpretation of an insurance contract is a matter of law. Seeck v. Geico General Ins. Co., 212 S.W.3d 129, 132 (Mo.2007) (en banc). Ambiguities are to be construed in favor of the insured. Id. “An ambiguity exists when there is duplicity, indistinctness or uncertainty in the meaning of the policy [and] is reasonably open to different constructions.” [1169]*1169Gulf Ins. Co. v. Noble Broadcast, 936 S.W.2d 810

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Wierman v. Casey's General Stores
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307 S.W.3d 132 (Supreme Court of Missouri, 2009)
Seeck v. Geico General Insurance Co.
212 S.W.3d 129 (Supreme Court of Missouri, 2007)
Todd Ex Rel. Todd v. Missouri United School Insurance Council
223 S.W.3d 156 (Supreme Court of Missouri, 2007)
Niswonger v. Farm Bureau Town & Country Insurance Co. of Missouri
992 S.W.2d 308 (Missouri Court of Appeals, 1999)
Gulf Insurance Co. v. Noble Broadcast
936 S.W.2d 810 (Supreme Court of Missouri, 1997)
Kelly Jordan v. Safeco Insurance Co. of IL
741 F.3d 882 (Eighth Circuit, 2014)
Daughhetee v. State Farm Mutual Automobile Insurance
743 F.3d 1128 (Eighth Circuit, 2014)
Corrigan v. Progressive Insurance Co.
411 S.W.3d 306 (Missouri Court of Appeals, 2013)
Fanning v. Progressive Northwestern Insurance Co.
412 S.W.3d 360 (Missouri Court of Appeals, 2013)
Williams v. City of St. Louis
783 F.2d 114 (Eighth Circuit, 1986)

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Bluebook (online)
12 F. Supp. 3d 1166, 2014 WL 1292458, 2014 U.S. Dist. LEXIS 43118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midwestern-indemnity-co-v-brooks-mowd-2014.