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Defendants, representing passengers injured and killed in a car accident involving a vehicle operated by Blake Isaacson, who was insured by plaintiff, appealed from the grant of summary judgment to plaintiff. On appeal, defendants argued that the district court should have ruled on their motion to dismiss to allow the state court to resolve the coverage-stacking issue in defendants’ equitable-garnishment action.
Where plaintiff’s policy unambiguously did not permit stacking and where plaintiff’s action was fully briefed at the time defendants filed their state action, the district court did not err in granting summary judgment.
Judgment is affirmed.
GEICO Casualty Company v. Isaacson (MLW No. 73700/Case No. 18-2273 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Missouri, Wimes, J. (Edward D Robertson, Jr., of Jefferson City for appellant; William Dirk Vandever, of Kansas City, Andrew J. Gelbach, of Warrensburg, Farrell D. Hockemeier, of Richmond, Kelly Clare Frickleton, of Leawood, KS., Mary D. Winter, of Jefferson City on brief) (Douglas Sargent Beck, of Kansas City, MO for appellee; William Clark Richardson, of Kansas City, Sarah Lynn Baltzell, of Kansas City on brief)
