Williams v. Essex Insurance Co.

Appellant seeks review of an adverse summary judgment entered in a declaratory judgment action filed by appellee. Appellant had claimed that he was entitled to underin-sured motorist coverage pursuant to an insurance policy issued by appellee to a third party. The determinative issue was whether the insurance policy was a “primary” or an “excess” one. The trial court first concluded that “there [wa]s no ambiguity in the policy and therefore, no reason to seek extrinsic evidence.” It then held that, based upon the unambiguous language of the policy, it was an “excess,” rather than a “primary,”…