Smith v. Wausau Underwriters Insurance Co.

SPINDEN, Presiding Judge.

After Stephen Smith settled a lawsuit for $135,000, he sued Wausau Underwriters Insurance Company for partial payment of the settlement pursuant to the terms of an umbrella policy issued by Wausau to Smith. Wausau denied coverage of Smith’s claim because it believed that the coverage afforded by its umbrella policy was the final layer of insurance available to Smith and it was, therefore, not liable under the policy until Smith exhausted coverages provided by his homeowner’s and farm master insurance policies. Smith filed a motion for summary judgment which the…