Padgett v. Horace-Mann Insurance

PER. CURIAM.

Terry L. Padgett appeals a summary final judgment determining that no uninsured motorist (“UM”) benefits were due him from appellee, Horace Mann Insurance Company (“Horace Mann”), because of a limitation on UM coverage an insurer may impose if an insured elects non-stacked coverage. We reverse.

Padgett sued Horace Mann alleging that his son was killed while a passenger in a vehicle driven by an underinsured motorist. Padgett had been paid the limits of the driver’s applicable coverage, as well as UM benefits from his son’s insurer, Infinity Southern, in the amount of $20,000. When…