Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

Staff Report//March 13, 2020

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits.

Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory judgment action. P.B. was killed in a motor-vehicle accident with his grandmother, Dawn Chiodo, and Chiodo’s daughter Dylan Bailey; all three resided together. After a settlement, defendant filed an underinsured motorist coverage claim under Bailey’s policy. Plaintiff denied the claim.

Judgment is affirmed.

State Farm Mutual Automobile Insurance Company v. Merrill (MLW No. 74684/Case No. 18-3683 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, District of Minnesota, Nelson, J. (James A. Heuer of Minneapolis, MN for appellant) (Robert E. Kuderer, of Minneapolis, MN., and Gregory E. Kuderer of Fairmont, MN for appellee)

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