Legal Opinion

Graham v. State Farm Mutual Automobile Insurance Co.

Missouri Court of Appeals

Decided May 1, 2012No. ED 97421PublishedCited by 2 opinions

1Opinion of the Court

LAWRENCE E. MOONEY, Judge.

The defendant, State Farm Mutual Automobile Insurance Company, appeals the grant of summary judgment and award of $100,000 entered by the Circuit Court of St. Louis County in favor of the plaintiff, Francis Graham. We hold that the State Farm policy language in this case is clear and unambiguous, providing underinsured motorist coverage only to the extent that the State Farm policy limits exceed those of any primary underinsured motorist coverage. Thus, because the primary under-insured motorist coverage exceeded the State Farm policy limits, the trial court erred in…

2Cases cited4 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Jones v. Mid-Century Insurance Co.Supreme Court of Missouri · 2009
  3. State Farm Mutual Automobile Insurance v. SommersMissouri Court of Appeals · 1997
  4. Buehne v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 2007

3Cited by2 opinions

  1. Maureen Johnson v. Safeco Insurance Company of ILCourt of Appeals for the Eighth Circuit · 2020
  2. Nationwide Insurance Company of America v. Matthew P. SixMissouri Court of Appeals · 2022

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