Smith v. Atlantic Mutual Insurance

Cynthia Smith (Smith) seeks review of a court of appeals' decision which affirmed a circuit court judgment dismissing her case against Atlantic Mutual Insurance Company (Atlantic Mutual). In her lawsuit, she claimed entitlement to underinsured motorist (UIM) benefits. The issue is whether the other vehicle involved in the accident was an "underinsured motor vehicle" as defined in Smith's policy.

We conclude that the other vehicle involved in the accident was not an ''underinsured motor vehicle" as unambiguously defined in the policy, and therefore Smith was not entitled to UIM coverage.

The…