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Amco Insurance Co. v. Williams

United States Court of Appeals, Eighth Circuit

March 16, 2017

AMCO Insurance Company Plaintiff- Appellee
v.
Judith Williams; Robert Williams Defendants-Appellants

          Submitted: February 7, 2017

         Appeal from United States District Court for the Western District of Missouri - Springfield

          Before SMITH [1], BENTON, and SHEPHERD, Circuit Judges.

          BENTON, Circuit Judge.

         Kelly D. Williams died when her car was hit by Dylan A. Meyer's vehicle. After settling with Meyer's insurance company, Appellants Judith and Robert Williams-Kelly's parents and sole survivors-submitted a claim for underinsured motorist (UIM) coverage. AMCO Insurance Company sued, seeking a declaration of no coverage under Kelly's auto policy. Both parties moved for summary judgment. The district court[2] granted AMCO's motion. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

         I.

         Meyer's insurance had a limit of $250, 000, all paid to the Williamses. Because the damages exceed this amount, the Williamses sought $100, 000 in UIM coverage under Williams' auto policy with AMCO.

         The policy's Declarations page lists a UIM limit of $100, 000 per person and $300, 000 per accident. The Underinsured Motorists Coverage-Missouri Endorsement says:

         UNDERINSURED MOTORISTS COVERAGE INSURING AGREEMENT

         A. We will pay compensatory damages which an "insured" is legally entitled to recover from the owner or operator of an "underinsured motor vehicle" because of "bodily injury":

1. Sustained by an "insured"; and
2. Caused by an accident.
The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the "underinsured motor vehicle".
* * * *
C. "Underinsured motor vehicle" means a land motor vehicle or trailer of any type to which a bodily injury liability bond or policy applies at the time of the accident but its limit for bodily injury liability is less than the limit of liability for this coverage. . . .

(emphasis added).

         The "Limit of Liability" section in the same Endorsement says:

         LIMIT OF LIABILITY

A. The limit of liability shown 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 shown in the Declarations for each accident for Underinsured Motorists Coverage is our maximum limit of liability for all damages for ...

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