Pepper v. State Farm Mutual Automobile Insurance Co.

OPINION

CRIPPEN, Judge.*

Appellant Tammy Pepper disputes the district court’s summary judgment dismissing her claim for UIM benefits under a policy issued by respondent State Farm Mutual Automobile Insurance Company (State Farm). Pepper was injured when she was struck by a pickup truck owned and insured by her sister, Tracie Drew, but driven by State Farm’s policyholder, Frank Matlachowski, who is Pepper’s stepfather. Concluding that the State Farm policy wrongfully excludes UIM coverage for Pepper’s claim of benefits from Matla-chowski’s policy, based on the inadequacy of Drew’s liability…