De Smet Ins. Co. v. PourierAnnotate this Case
Tabitha Pourier was seriously injured in an automobile accident and suffered damages in excess of $250,000. After receiving $25,000 from the tortfeasor's liaility carrier and $100,000 in underinsured motorist coverage from her primary insurer, Pourier sought an additional $100,000 in underinsured coverage from her excess carrier, De Smet Insurance Company. De Smet denied coverage, asserting that an exclusion in the policy precluded coverage. On cross motions for summary judgment, the circuit court granted summary judgment in favor of De Smet, ruling that the policy exclusion was valid and enforceable. At issue on appeal was whether De Smet's owned-but-not-insured exclusion was void as against public policy because it prohibited Pourier, who was riding in a vehicle owned by her but insured by another company, from recovering for uncompensated damages by De Smet as the secondary insurer. The Supreme Court affirmed, holding that the policy exclusion was not against public policy.