Missouri Court of Appeals, Eastern District / Jun 26, 2018
Vera Worley, Appellant, vs. Cornerstone National Insurance Company, Respondent.
Vera Worley appealed a summary judgment in favor of Cornerstone National Insurance Company regarding her claim for underinsured motorist (UIM) coverage. The dispute centered on whether the UIM limit of liability section of her policy was ambiguous, allowing Cornerstone to reduce the $100,000 UIM coverage by the $50,000 Worley received from the tortfeasor's insurer. The appellate court reversed and remanded, finding the policy ambiguous because it promised a $100,000 limit but then included a set-off provision that would prevent the insurer from ever paying the full amount, and construed the policy in favor of Worley, entitling her to the full UIM limit.