Ruby v. Midwestern Indemnity Co.

The issue presented in this case is whether the Rubys are entitled to recover under the underinsured motorist provisions of their Family Car Policy with Midwestern. The court of appeals held that they were not so entitled, finding that under the policy Midwestern’s liability limit was completely offset by payments received by the Rubys. While the court did not rule on Midwestern’s rights of subrogation, the parties have presented the issue for our review and it is within our discretion to sua sponte consider their respective claims. In this regard, we express no opinion as to whether the…