Swainston v. American Family Mutual Insurance Co.

TERNUS, Chief Justice.

The appellants, Kale and Stephanie Swainston, appeal from a district court summary judgment ruling, holding that the appellee, American Family Mutual Insurance Company, has no obligation to pay uninsured motorist (UM) benefits to the Swainstons under an insurance policy issued to them by American Family. The court of appeals affirmed the district court decision that American Family had no liability under its policy because its UM benefits could not be stacked on top of UM benefits recovered by the Swainstons under a policy issued by another insurer. Upon our further…