State Farm Mutual Automobile Insurance Co. v. Merrill, No. 18-3683 (8th Cir. 2020)
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After a car accident killed the insured, her mother, and her son, the trustee sought underinsured motorist coverage for the son, who was not named as an insured on the policy. The district court granted judgment on the pleadings to State Farm.
The Eighth Circuit had jurisdiction over the appeal because the notice of appeal designated the correct judgment and the parties have addressed the merits of the judgment on the pleadings in their brief. On de novo review, the court held that the son was an insured on the mother's policy and thus was ineligible for excess insurance protection under the insured's policy.
Court Description: [Benton, Author, with Loken and Kelly, Circuit Judges] Civil case - Insurance. The court has jurisdiction over the appeal because the notice of appeal designated the correct judgment and the parties have addressed the merits of the judgment on the pleadings in their brief; the district court correctly determined that the deceased minor was an insured under his grandmother's policy on the vehicle involved in the accident and was, therefore, ineligible for excess insurance protection under his mother's policy on a separate vehicle.
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