Kennedy v. Safeco Insurance Co. of Illinois

Kevin Kennedy filed suit to stack under-insured motorist (UIM) benefits.1 He was granted summary judgment. This was error because the policy unambiguously for*15bade UIM stacking. We reverse and remand.

Procedural Background

A pickup struck Kennedy, a pedestrian, causing bodily injury damages that exceeded the driver’s policy limits by more than $100,000.

A Safeco policy issued to Kennedy’s parents provided UIM coverage of $50,000 per person and $100,000 per accident. The policy covered two vehicles and Kennedy, as a child residing in his parents’ home, was an “insured” thereunder. Safe-co paid UIM…