Greene County, Missouri grants summary judgment in favor of insurer on claim it was entitled to offsets under UIM coverage
04/10/2017Progressive Max Insurance Company filed a declaratory judgment action to determine if Progressive was entitled to receive offsets against its $100,000 per each person limit of liability for underinsured motorist (UIM) coverage for amounts previously paid under the Medical Payments coverage section of the Progressive policy and for amounts previously received by the insured from the at-fault driver’s liability carrier, Farmers Insurance.
Progressive issued a motorcycle policy to Matthew Hopkins with medical payments coverage up to $2,500 for each person and UIM coverage up to $100,000 for each person/$300,000 for each accident. Mr. Hopkins was involved in an accident with a vehicle operated by Christine Williams. Farmers Insurance, on behalf of Ms. Williams, offered Mr. Hopkins the $25,000 bodily injury liability limits under the Farmers policy and Mr. Hopkins accepted. Progressive paid Mr. Hopkins $2,500 under the Medical Payments coverage of the Progressive Policy. Mr. Hopkins contended he was entitled to $100,000 in UIM benefits under the Progressive policy and that Progressive was obligated to pay all damages up to the limits of UIM coverage.
Progressive asserted that it was entitled to setoffs against its UIM coverage limits in the amount of $27,500—this amount comprised the $25,000 bodily injury liability limit payment on behalf of the at-fault driver and the $2,500 payment by Progressive under the medical payments coverage section of the policy. The Circuit Court of Greene County, Missouri agreed and granted summary judgment in favor of Progressive and against Mr. Hopkins holding that Progressive was entitled to receive a credit or offset in the amount of $27,500 against its $100,000 per each person limit of liability for UIM coverage under the policy.
Progressive issued a motorcycle policy to Matthew Hopkins with medical payments coverage up to $2,500 for each person and UIM coverage up to $100,000 for each person/$300,000 for each accident. Mr. Hopkins was involved in an accident with a vehicle operated by Christine Williams. Farmers Insurance, on behalf of Ms. Williams, offered Mr. Hopkins the $25,000 bodily injury liability limits under the Farmers policy and Mr. Hopkins accepted. Progressive paid Mr. Hopkins $2,500 under the Medical Payments coverage of the Progressive Policy. Mr. Hopkins contended he was entitled to $100,000 in UIM benefits under the Progressive policy and that Progressive was obligated to pay all damages up to the limits of UIM coverage.
Progressive asserted that it was entitled to setoffs against its UIM coverage limits in the amount of $27,500—this amount comprised the $25,000 bodily injury liability limit payment on behalf of the at-fault driver and the $2,500 payment by Progressive under the medical payments coverage section of the policy. The Circuit Court of Greene County, Missouri agreed and granted summary judgment in favor of Progressive and against Mr. Hopkins holding that Progressive was entitled to receive a credit or offset in the amount of $27,500 against its $100,000 per each person limit of liability for UIM coverage under the policy.