Legal Opinion

The Midwestern Indemnity Co. v. Malissa Brooks

Court of Appeals for the Eighth Circuit

Decided March 2, 2015No. 14-2016PublishedCited by 23 opinions

1Opinion of the Court

RILEY, Chief Judge.

Malissa Brooks seeks to “stack” 1 her underinsured motorist (UIM) coverage limits after a negligent driver struck Brooks as she rode her bicycle. Her insurer, Midwestern Indemnity Company (Midwestern), moved for summary judgment on the basis that Brooks’s policy unambiguously prohibits UIM coverage stacking. The district court 2 agreed and granted summary judgment in Midwestern’s favor. Because Brooks’s policy clearly forbids stacking, we affirm. 3

1. BACKGROUND

A. Facts

On September 19, 2011, Brooks was riding her bicycle when Clyde Lawrence negligently struck her with his…

2Cases cited19 opinions

  1. Rodriguez v. General Accident Insurance Co. of AmericaSupreme Court of Missouri · 1991
  2. Wormley v. WormleySupreme Court of the United States · 1823
  3. Todd Ex Rel. Todd v. Missouri United School Insurance CouncilSupreme Court of Missouri · 2007
  4. Ritchie v. Allied Property & Casualty Insurance Co.Supreme Court of Missouri · 2009
  5. Walden v. SkinnerSupreme Court of the United States · 1880

14 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Darren Lee v. Airgas - Mid South, Inc.Court of Appeals for the Eighth Circuit · 2015
  2. Maureen Johnson v. Safeco Insurance Company of ILCourt of Appeals for the Eighth Circuit · 2020
  3. Country Preferred Insurance v. Christopher LeeCourt of Appeals for the Eighth Circuit · 2019
  4. Geico Casualty Co. v. ClampittMissouri Court of Appeals · 2017
  5. Susan DeCoursey v. American General Life Ins.Court of Appeals for the Eighth Circuit · 2016

18 more not listed; retrieve them via the Exa API.

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