Connors v. Gov't Employees Ins. Co.Annotate this Case
Plaintiffs, husband and wife, were struck by a motor vehicle being driven by Adam Pond while they were on a walk. At the time of the accident, the Connors owned a vehicle insured by Government Employees Insurance Co. (GEICO). The terms of the policy included underinsured motorist (UIM) coverage of $300,000 per person/$300,000 per accident. Pond maintained automobile liability insurance with Allstate Insurance Co. limited to $100,000 per person/$300,000 per accident. Plaintiffs settled with Allstate. Pursuant to the settlement, Allstate paid $100,000 to each plaintiff. Plaintiffs then submitted claims for underinsured motorist coverage to GEICO under the terms of the policy, seeking $300,000 total from GEICO. GEICO paid Plaintiffs $100,000. Plaintiffs then filed a complaint for declaratory judgment against GEICO as to the $200,000 in dispute. The trial court granted summary judgment in favor of GEICO. The Court of Appeals affirmed, holding that under the unambiguous terms of the policy, the total damages due to Plaintiffs as a couple were capped at $300,000, and because Allstate already paid each Plaintiff $100,000, which amounts were deducted from the amount that GEICO would be required otherwise to pay Plaintiffs, GEICO was responsible for the remaining $100,000.