Merkel v. Nationwide Insurance

Plaintiff George Merkel sought a declaration that defendant Nationwide Insurance Company was liable under the underinsured motorist provision of its policy, following plaintiff’s 1988 accident with an underinsured driver. The Addison Superior Court granted defendant’s summary judgment motion, and plaintiff appealed. He argues that: (1) defendant failed to obtain an effective election to set the underinsured motorist coverage limit at $20,000 per person, so it automatically remained at the liability limit of $100,000 per person; and (2) even if defendant obtained an effective election at the…