Walker v. Progressive Direct Insurance Co., No. 16-1433 (8th Cir. 2016)
Annotate this CaseAfter Steve Walker died in a motorcycle accident, his wife, Ronda, filed a wrongful death action against the driver of the other vehicle. The parties settled for the driver's liability policy limit and then Ronda filed suit against the couple's insurer, Progressive, to recover underinsured motorist insurance (UMI) under two policies. The district court granted Progressive's motion for summary judgment. The court agreed with the district court's conclusion that the policies' "owned vehicle" exclusion simply and unambiguously precludes coverage for damages sustained while the insured is occupying a vehicle he owns that is not included on the policies' declaration page. Accordingly, the court affirmed the judgment.
Court Description: Loken, Author, with Beam and Benton, Circuit Judges] Civil case - Insurance. The district court did not err in determining that the owned vehicle exclusion in the policies in question simply and unambiguously precluded coverage for damages sustained while the insured was occupying a vehicle he owned that was not included on the policies' declaration page. [ October 17, 2016
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