Country Preferred Insurance Co. v. Lee, No. 18-2096 (8th Cir. 2019)
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The parties agreed that the anti-stacking provision barred the insureds from recovering any money from Country Preferred for a car accident. The insureds contend that as a result, Country Preferred committed fraud and was unjustly enriched by collecting three separate premiums for underinsured motorist (UIM) coverage, when the anti-stacking provision rendered the UIM coverage in the insureds' second and third policies worthless or "illusory" under Missouri courts.
The Eighth Circuit affirmed the district court's dismissal of the fraudulent misrepresentation and unjust enrichment counterclaims, holding that the anti-stacking provisions did not render UIM coverage in multiple policies illusory because the premium paid for coverage under each policy corresponded with an increase in coverage. In this case, payment for UIM coverage under the insureds' second and third insurance policies buys coverage for non-named, non-family passengers and drivers of the insureds' second and third vehicles.
Court Description: Per Curiam - Before Benton, Melloy and Kelly, Circuit Judges] Civil case - Insurance. Even though the insureds' three policies could not be stacked in the event of an accident involving an under-insured motorist, the payment for the UIM coverage in the second and third policies buys coverage for non-named, non-family passengers and drivers of the insureds' second and third vehicles, and the UIM coverage in these policies is not illusory. See Midwestern Indemnity Co. v. Brooks, 770 F.3d 540 (8th Cir. 2015). [ March 13, 2019
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