Nationwide Mutual Insurance v. Moya

OPINION

An insured died from injuries she suffered in a car accident caused by an uninsured motorist. Respondents/cross-appellants (“the Moyas”), the insured’s personal representative and survivors, sought the “each occurrence” limit under the insurer’s uninsured motorists provision. They also attempted to stack the death and dismemberment benefit. The district court granted each party partial summary judgment, ruling that the Moyas were entitled to the “each occurrence” limit and that the death and dismemberment benefit was not subject to stacking. For the reasons stated herein, we conclude…