Phillips v. State Automobile Mutual Insurance

Vukovich, Judge.

This is an appeal from a July 25, 1995 judgment of the Belmont County Common Pleas Court overruling a motion for summary judgment by appellant, State Automobile Mutual Insurance Co. (“State Automobile”). The single issue is whether State Automobile is liable to Gloria J. Phillips (“appellee”) pursuant to the State Automobile policy’s underinsured motorist coverage after she received a $45,000 settlement of her claim from the tortfeasor’s insurance carrier. For the following reasons the decision of the trial court is affirmed.

STATEMENT OF THE FACTS

On February 23, 1991, appellee…