Masten v. Amco Insurance Co.

OPINION

ROBB, Chief Judge.

Case Summary and Issue

Kerwin and Heather Masten (collectively “Plaintiffs”) appeal from the trial court’s order granting summary judgment to AMCO Insurance Company (“AMCO”). Plaintiffs raise one issue, which we restate as whether the trial court erred in concluding as a matter of law that no underin-sured motorist coverage is available to Plaintiffs. Concluding that the trial court erred and coverage is available, we reverse and remand.

Facts and Procedural History 1

In 2006, Kerwin was driving in Indianapolis behind Herbert Allison, Jr. Allison stopped abruptly and…