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Glover v. Allstate Property and Casualty Insurance Co.

Court of Appeals of Indiana

September 16, 2019

Steven Glover, as Personal Representative of the Estate of Shelina M. Glover, Appellant-Plaintiff,
v.
Allstate Property and Casualty Insurance Company, Appellee-Defendant.

          Appeal from the Marion Superior Court The Honorable James B. Osborn, Judge Trial Court Cause No. 49D14-1711-CT-41566

          Attorneys for Appellant Nicholas C. Deets Tyler Zipes Hovde Dassow Deets, LLC Indianapolis, Indiana

          Attorneys for Appellee Christopher D. Cody Georgianna Q. Tutwiler Hume Smith Geddes Green & Simmons, LLP Indianapolis, Indiana

          BROWN, JUDGE

         [¶1] Steven Glover, as Personal Representative of the Estate of Shelina M. Glover (the "Estate"), appeals the trial court's grant of the motion for summary judgment filed by Allstate Property and Casualty Insurance Company ("Allstate") and the denial of its motion to correct error. He raises one issue which we revise and restate as whether the trial court erred in granting summary judgment in favor of Allstate . We affirm.[1]

         Facts and Procedural History

         [¶2] This case involves an attempted recovery under an automobile insurance policy's underinsured motorist ("UIM") provisions for a July 22, 2016 roadside collision involving three vehicles driven by Kenneth Bogue, Matthew Hahn, and Terry Robinson, which resulted in the death of Shelina M. Glover Robinson, [2] who was a passenger in Terry's vehicle.

         [¶3] At the time of Shelina's death, she had an auto insurance policy through GEICO insurance ("GEICO"). Her parents, Phillip and Dovie Glover (the "Glovers"), were insured under Allstate Policy # 922 379 189 (the "Policy"), which provided on the Policy Declarations page for "Uninsured Motorists Insurance" coverage limits in the amount of "$100, 000 each person" for the Glovers' 2014 Ford Truck Edge and 2006 Ford Truck F150. Appellant's Appendix Volume II at 68-69. It defined "Resident" for use throughout the policy as a "person who physically resides in your household with the intention to continue residence there."[3] Id. at 72. It defined "Bodily Injury" for use throughout the policy in part as "physical harm to the body, sickness, disease, or death." Id.

         [¶4] Part 3 of the Policy, titled "Uninsured Motorists Insurance Coverage," began with a general statement of coverage that provided, "we will pay damages which an insured person is legally entitled to recover from the owner or operator of an uninsured auto because of . . . bodily injury sustained by an insured person." Id. at 80. It defined in part "Insured Person(s)" as "you and any resident relative" and an "uninsured auto" as:

an underinsured motor vehicle which has bodily injury liability protection in effect and applicable at the time of the accident in an amount equal to or greater than the amounts specified for bodily injury liability by the financial responsibility laws of Indiana, but:
a. in an amount less than the applicable limit of liability for this coverage shown on the Policy Declarations; or
b. available limits have been reduced to less than the applicable limit of liability for this coverage as shown on the Policy Declarations.

Id. at 80-81. It provided further in Part 3:

Limits of Liability
The coverage limit shown on the Policy Declarations for:
1. "each person" is the maximum that we will pay for damages arising out of bodily injury to one person in any one motor vehicle accident, including damages sustained by anyone else as a result of that bodily injury.
2. "each accident" is the maximum we will pay for damages arising out of all bodily injury in any one motor vehicle accident. This limit is subject to the limit for "each person."
* * * * *
The liability limits shown on the Policy Declarations for Uninsured Motorists Insurance may not be added to the limits for similar coverage applying to other motor vehicles to determine the limit of insurance coverage available. This applies regardless of the number of:
1. policies involved;
2. vehicles involved;
3. persons covered;
4. claims made;
5. vehicles or premiums shown on the Policy Declarations; or
6. premiums paid.
THIS MEANS THAT NO STACKING OR AGGREGATION OF UNINSURED MOTORISTS INSURANCE WHATSOEVER WILL BE ALLOWED BY THIS POLICY.
If none of the autos shown on the Policy Declarations is involved in the accident, the highest limits of liability shown on the Policy ...

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