Missouri Court of Appeals, Western District / Date unavailable
Linda McCarty vs. Shelter Mutual Insurance Company
Linda McCarty sued Shelter Mutual Insurance Company for underinsured motorist (UIM) benefits after her son was killed in a car accident and she settled with the tortfeasor for $35,000. McCarty sought the full $50,000 UIM limit, while Shelter argued it was entitled to a $35,000 set-off, making the payable amount $15,000. The circuit court granted summary judgment for McCarty, finding the policy ambiguous. The appellate court reversed, holding that the policy unambiguously allowed Shelter to set off the tortfeasor's payment from the UIM limit.