Franke, Schultz & Mullen, PC | FSM Partners Obtain Summary Judgment in UIM Case.
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FSM Partners Obtain Summary Judgment in UIM Case.

06/28/2014

John Franke and Jackie Cook obtained summary judgment recently on behalf of American Family Ins. Co. in Clay County, Missouri in a contract action involving underinsured motorists’ coverage in the case of Kitchen and Kissinger v. American Family, Case No. 09CY_CV10903. The case arose out of an underlying wrongful death case in which the tortfeasor had only minimum limits. Plaintiff Roger Kitchen sought to stack the UIM coverage in his four auto policies.  On summary judgment briefings, Judge Davis ruled in favor of American Family, holding that the UIM coverage did not stack, and plaintiff was not entitled to any further payment.