Insurer granted Summary Judgment on uninsured motorist claim under policy

Nikki Cannezzaro recently obtained summary judgment from the Jackson County Circuit Court in the case of Miller v. Progressive Northwestern Ins. Co., 1016-CV26795. In Miller, plaintiff filed suit against his insurer seeking recovery of uninsured motorist benefits under the policy. The insurer denied coverage and defended against the claim based on an argument that the tortfeasor did not meet the definition of an uninsured motorist as defined by the policy or the Missouri Motor Vehicle Financial Responsibility Law because the identity of the tortfeasor was contained in the police report and that tortfeasor did in fact have liability coverage, despite his liability carrier's denial of the claim. A Motion for Summary Judgment was filed on this issue. In granting the insurer's motion, the trial court found that there was no genuine issue of fact with regard to the identity of the tortfeasor and the fact that the tortfeasor had liability insurance in effect on the date of the accident, thereby entitling the insurer to judgment as a matter of law.