Missouri Court of Appeals, Western District / Feb 20, 2024
AppellantShelter Mutual Insurance Company appealed a summary judgment holding that a minor child was not a resident of her natural father's household for purposes of an insurance policy exclusion, after the child was injured on the father's property. The trial court had granted summary judgment for the respondents and denied Shelter's cross-motion. The appellate court affirmed in part and reversed in part, remanding the case for further proceedings, holding that summary judgment was improper because the ultimate factual determination of the child's residency remained in dispute, even with stipulated facts.
Missouri Court of Appeals, Eastern District / Sep 11, 2018
AppellantLeslie Seaton's daughter was killed in an accident, and Seaton sought underinsured motorist coverage from Shelter Mutual Insurance Company under three endorsements to her auto policies. Shelter denied coverage under two policies, leading Seaton to file a declaratory judgment action. The trial court granted summary judgment for Seaton, finding she was entitled to coverage. The appellate court affirmed, holding that an ambiguity existed between the policy's definition of "relative" and the underinsured motorist endorsement, which must be construed in favor of the insured.
Missouri Court of Appeals, Western District / Date unavailable
RespondentLinda 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.