NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. Garrity

Nationwide Mutual Fire Insurance Company seeks a writ of certiorari quashing a circuit court order denying a motion for judgment on the pleadings. The underlying complaint by the respondent, Ms. Garrity, sought recovery under a $50,000 uninsured motorists endorsement for bodi ly injuries sustained in a single-vehicle automobile accident in which she was the passenger and Nationwide’s insured was the driver. Ms. Garrity had already received from Nationwide the full policy limit ($100,000) under the liability provisions of the policy.

The pertinent clause in the uninsured motorists endorsement…