Submitted: February 7, 2017
from United States District Court for the Western District of
Missouri - Springfield
SMITH , BENTON, and SHEPHERD, Circuit
BENTON, Circuit Judge.
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 granted AMCO's motion. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
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.
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:
MOTORISTS COVERAGE INSURING AGREEMENT
will pay compensatory damages which an "insured" is
legally entitled to recover from the owner or operator of
an "underinsured motor vehicle" because of
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. . . .
"Limit of Liability" section in the same
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 ...