Coverage Dispute Opinion Upheld on Appeal

Brown & James attorneys successfully represented a national insurance carrier with respect to underinsured motorist coverage dispute at both trial and appellate level. The matter involved the application of the Other Insurance provision and language relating to the insurer’s obligation to pay policy funds where another carrier had already paid in excess of the policy limits with respect to an accident involving a vehicle not owned by the insured. After the circuit court denied a motion for summary judgment, successfully represented the insurer at a bench trial in Cass County, Missouri. The Circuit Court then entered a lengthy written judgment in favor of Nationwide and the Circuit Court’s opinion was upheld on appeal in the Court of Appeal for the Western District of Missouri by way of published opinion.