Opinion handed down June 30, 2009[1]
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri addressed whether a particular car insurance policy reduced the amount an insured motorist could recover from an accident with an underinsured individual. The court looked at whether this amount was reduced by deducting the amount the insured motorist received from the underinsured individual from the coverage limit of the insurance policy or by deducting the amount received from the motorist’s total damages and then applying the policy’s coverage limit. The Supreme Court of Missouri determined that the particular insurance contract deducted the amount received from the motorist’s total damages and then applied the policy’s coverage limit. The reasoning behind the court’s holding is not clear because, while the court appears to rely on the proposition that inconsistencies in an insurance contract are resolved in favor of the insured, the court asserts that the contract can be interpreted in a manner that gives meaning to all subsections of the contract.