Trotter v. Harleysville Ins. Co.

Federal 7th Circuit Court
Civil Court
Insurance
Citation
Case Number: 
No. 15-3654
Decision Date: 
May 10, 2016
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in action by plaintiffs (insureds who were injured in same accident) alleging that policy issued by defendant contained underinsured motorist coverage of $500,000 that applied on per person per accident basis. Declaration page of policy stated that underinsured motorist coverage was limited to $500,000 for “each accident,” and Ct. found that there was no ambiguity in policy that would allow for $500,000 limit applying on per person, rather than per accident basis. Accordingly, plaintiffs were not entitled to any claim for underinsured motorist coverage, where plaintiffs collectively had received $500,000 from policy issued by other driver in accident.