Rasmussen v. State Farm Mutual Automobile Insurance

BEAM, Circuit Judge.

Brent Rasmussen was severely injured by an uninsured motorist while trying to help another (insured) motorist out of a ditch on Interstate 80 between Lincoln and Omaha in Nebraska. After the accident, Rasmussen successfully claimed $100,000 in uninsured motorist benefits from his policy (“the Nebraska policy”) with State Farm. He then tried to claim uninsured motorist benefits from the State Farm policy of the motorist whom he was trying to help (“the Michigan policy”). However, both policies provide that if an injured person is entitled to uninsured motorist benefits from…