Western District Federal Court Grants Summary Judgment in Favor of Insurance Company06/06/2016
The United States District Court, Western District of Missouri recently granted summary judgment in favor of AMCO Insurance Company on claims for underinsured motorist benefits and vexatious refusal to pay. At issue was whether the AMCO policy of insurance, which required the limits of liability coverage for the tortfeasor to be less than the limit of UIM coverage in the AMCO policy, provided UIM benefits. The insureds claimed that while the tortfeasor’s liability coverage was not less than the limits of the UIM coverage in the AMCO policy, because the policy was ambiguous it must be construed against the insurance company to provide coverage. In addressing the coverage arguments, the District Court held that the policy was unambiguous. The Court further held that the tortfeasor’s vehicle did not constitute an underinsured motor vehicle as that term is used throughout the AMCO policy, and as such, UIM coverage was not triggered by the facts and circumstances of the case. AMCO Insurance Company v. Williams et al., Case No. 6:15-cv-03425-BCW. AMCO Insurance Company was represented by FSM partner Nikki Cannezzaro.