Smith v. State Farm Mutual Automobile Insurance

OPINION

BARRY, Circuit Judge.

Angela Smith appeals from a Rule 12(b)(6) dismissal of the two remaining counts of her three-count complaint against State Farm Mutual Automobile Insurance Company (“State Farm”). We will affirm.

I. Background

On February 24, 2010, Smith was injured in an automobile accident caused by Brian Griffaton. Her injuries included herniated discs and cervical radiculopathy. Smith learned that Griffaton had only a $15,000 policy with Nationwide, and so, on October 25, 2010, she filed a claim with State Farm, with which she had a policy for Underinsured Motorist (“UIM”)…