Nationwide Agribusiness Insurance Co. v. Dugan

Dist. Ct. did not err in granting plaintiff-insurance company’s motion for summary judgment in action to determine whether car-insurance policy issued by plaintiff to defendant-insured provided any underinsured motorist coverage under circumstances where defendant received $100,000 settlement from other driver, and where plaintiff’s policy provided defendant with $100,000 in underinsured motorist coverage for each of four cars listed in policy. Although defendant paid separate underinsured motorist premiums for each car, defendant could not stack underinsured motorist coverage for said cars given language in “Other Insurance” provision that limited coverage to highest limit of any of four underinsured motorist provisions in policy. As such, defendant was not entitled to any underinsured motorist coverage, even though his injuries exceeded $100,000 settlement, since: (1) highest coverage for all four cars was $100,000; and (2) plaintiff was entitled to set off $100,000 settlement against any underinsured motorist obligation it had under policy.