Horace Mann Insurance v. Ammerman

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

In this declaratory judgment action, the following motions are now pending: (1) defendants’ motions to dismiss, (2) defendants’ motion for summary judgment, and (3) plaintiff's motion for summary judg-. ment. We are now prepared to rule on those motions.

The facts in this case are undisputed. Plaintiff issued an automobile insurance policy to Mr. Lee Dean Ammerman, with the last renewal thereof valid through April 29, 1984. The policy included under-insured motorist coverage with policy limits of $250,000.00 per person or $500,000.00 per…