Nationwide Mutual Insurance v. Scott

The sole issue framed on this appeal is whether the trial court correctly construed the statute requiring the inclusion of “underinsured motorist” coverage in the “uninsured motorist” endorsement in automobile insurance policies.

The facts are stipulated. On May 13, 1983, plaintiff Rhonda Lynn Scott suffered severe and permanent injuries in a collision between two automobiles, one driven by Linwood Mark Truman and the other by Dale Lynn Bower. Both drivers had liability insurance. The limit for a single personal injury claim was $50,000 in Bower’s policy and $25,000 in Truman’s policy.…