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Insurance: Underinsured Motorist – Set Off – Ambiguity

Where a plaintiff, who was injured in a car accident with bodily injury damages exceeding $200,000, received $100,000 from the tortfeasor’s insurer and sought underinsured motorist benefits under his own policy, the trial court properly found that the policy was ambiguous because it was not clear whether the set off for previous payments is to be applied to the coverage limit of $100,000  or to the total uncompensated bodily injury damages.

Judgment is affirmed.

Miller v. Yun (MLW No. 64644/Case No. WD74890 – 24 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) Appealed from circuit court, Jackson County, Atwell, J. (Joseph A. Cambiano, Kansas City, Missouri, for respondent) (David Ryan Frye, Overland Park, Kansas, for appellant).

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