De Smet Insurance Co. of South Dakota v. Pourier

KONENKAMP, Justice.

[¶ 1.] An insured was seriously injured in an automobile accident, suffering damages in excess of $250,000. After receiving $25,000 from the tortfeasor’s liability carrier and $100,000 in underinsured motorist coverage from her primary insurer, she sought an additional $100,000 in underin-sured coverage from her excess carrier. But the excess carrier denied coverage, asserting that an exclusion in the policy *448precluded coverage. On cross motions for summary judgment, the circuit court declared that the excess carrier’s exclusion was valid and enforceable. Because the policy…