Combs v. Nationwide Mutual Insurance

Walsh, Judge.

Plaintiffs-appellants, Charles R. and Shirley Combs, appeal an order sustaining a motion for summary judgment filed by defendant-appellee, Nationwide Insurance Company (“Nationwide”).

In May 1992, Charles R. Combs was injured in an automobile accident with the tortfeasor, Francis Mainous. Mainous had liability insurance with Aetna Casualty and Surety Company in the amount of $100,000. Appellant had uninsured/underinsured motorist (“UM”) coverage with Nationwide in the amount of $500,000 per person and $1,000,000 per accident. Appellant’s UM policy contained the following provision: