Jung, et al. v. General Casualty Co., No. 10-3350 (8th Cir. 2011)
Annotate this CaseAppellants challenged the denial of their claim for benefits arising from an underinsured motorists (UIM) policy issued by appellee. Appellants appealed the adverse grant of summary judgment and the denial of their request for certification of a question of law to the North Dakota Supreme Court. The court held that the negligent driver's excess-liability policy was relevant to determining the underinsured status of his vehicle. Thus, as a matter of law, the negligent driver's vehicle was not underinsured and appellants were not entitled to coverage under the UIM endorsement. The court also declined to certify the question where the case had been decided by summary judgment. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Insurance. Tortfeasor's excess-liability coverage was relevant to determining the underinsured status of his vehicle and his vehicle was not underinsured as a matter of North Dakota law; as a result, the plaintiffs were not entitled to coverage under the underinsured provisions of the policy issued to the owner of the vehicle plaintiff was driving; district court did not err in denying a request to certify a question to the North Dakota Supreme Court when the request was made after the district court had already issued its order granting summary judgment.
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