Burton v. State Farm Fire & Casualty Co.

OPINION

MOORE, Justice.

Michael Burton, the owner of a motor vehicle insurance policy issued by State Farm Fire and Casualty Co. (“State Farm”), was injured seriously while riding as a passenger in his insured vehicle. State Farm settled claims against Burton and the driver of Burton’s vehicle in excess of the per occurrence limit of Burton’s liability coverage. Burton then sought payment for his injuries under his underin-sured motor vehicle coverage. State Farm *1362refused to pay on the ground that the policy’s definition of underinsured motor vehicle excludes the insured vehicle. Burton…