Haering v. Topa Insurance

Opinion

CHAVEZ, J.

The issue presented in this appeal is whether an excess liability insurance policy that “follows form” to an underlying primary policy that provides uninsured motorist/underinsured motorist (UM/UIM) coverage must also provide such coverage after the underlying policy limit has been exhausted. We hold that the excess policy does not provide coverage for first party UM/UIM claims because the policy’s insuring agreement unambiguously limits the insurer’s indemnity obligation to third party liability claims. We therefore affirm the judgment entered in the excess insurer’s favor.

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