Ritchie v. Allied Property & Casualty Insurance Co.

LAURA DENVIR STITH, Judge.

Steve and Anita Ritchie sued Allied Property and Casualty Insurance Company seeking $300,000 in underinsured motorist coverage under their Allied policy for the wrongful death of their daughter, Kelsey Ritchie. The trial court held that the Ritchies were entitled to recover this amount, finding the anti-stacking and set-off provisions of the policy unenforceable.

This Court affirms, but on different grounds. Allied’s other insurance provi*134sion states that where the insured was injured while in a non-owned vehicle, then “[a]ny coverage we provide ... shall be excess…