In re Nationwide Insurance

I

The first issue before us is whether Nationwide may set off the amount of *12compensation paid on behalf of the tortfeasor against the limits of Stobbs’ uninsured motorist coverage.

The court of appeals found that language in the uninsured motorist coverage of the policy under a provision entitled “Limits of Payment” was contradictory to the trust agreement provision of that coverage and should be construed against the insurer. The language relied upon by the court of appeals reads:

“AMOUNTS PAYABLE FOR UNINSURED MOTORISTS LOSSES

* *

“3. Any amount payable to or for the insured under this coverage…