Blum Ex Rel. Studinski v. 1st Auto & Cas. Ins. Co.

¶ 1. The issue on this appeal is the proper construction of the uninsured motorist (UM) provision in an insurance policy as applied to the situation in which the alleged tortfeasor who operated the motor vehicle was insured but the vehicle was not insured. We conclude that the policy provision is ambiguous because the title of the UM section is "Uninsured Motorist" while the insuring clause defines coverage in terms of an "uninsured motor vehicle." We also conclude that we should resolve the ambiguity consistent with the way in which the court in Hull v. State Farm Mutual Automobile Insurance…