Gordon v. Three Rivers Agency, Inc.

LANSING, Judge.

In this ease we are asked to determine the proper interpretation of an insurance policy providing underinsured motorist protection.

The plaintiffs, Jeanne and Michael Gordon, brought an action for a declaratory judgment and for recovery of benefits under the under-insured motorist provision of an automobile insurance policy issued by Oregon Mutual Insurance Company. Oregon Mutual denied liability, arguing that the tortfeasor was not “an underinsured motorist” within the definition of the Gordons’ policy. The district court found the underinsured motorist provisions of the policy…