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Daughhetee v. State Farm Mut. Auto. Ins. Co.

United States Court of Appeals, Eighth Circuit

February 14, 2014

Ronald E. Daughhetee; Melissa L. Daughhetee, Plaintiffs - Appellants,
v.
State Farm Mutual Automobile Insurance Company, Defendant - Appellee Abby Burke, Plaintiff

Submitted November 19, 2013.

Appeal from United States District Court for the Western District of Missouri - Kansas City.

For Ronald E. Daughhetee, Melissa L. Daughhetee, Plaintiffs - Appellants: Christopher L. Yarbro, KENNEDY & KENNEDY, Poplar Bluff, MO.

For State Farm Mutual Automobile Insurance Company, Defendant - Appellee: Dale Lee Beckerman, Meghan E. Lewis, DEACY & DEACY, Kansas City, MO.

Before BENTON, BEAM, and SHEPHERD, Circuit Judges.

OPINION

Page 1129

BENTON, Circuit Judge.

Ronald E. and Melissa L. Daughhetee were injured in a truck accident that killed their daughter Allison. After settling with the tortfeasor, the Daughhetees received payment for underinsured motorist (UIM) coverage from a State Farm policy insuring their truck. They sued for additional payment under a State Farm policy insuring another vehicle. It had identical UIM coverage. The district court[1] granted State Farm summary judgment, citing anti-stacking language in the policies. The Daughhetees appeal. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

In June 2011, the Daughhetees' Ford F-150 truck collided with another vehicle. Ronald was driving the F-150. Passengers included Melissa, and children Abby and Allison. Ronald, Melissa and Abby were injured; Allison died. The Daughhetees settled with the tortfeasor for the full limits of liability coverage.

Page 1130

The F-150 was insured under a State Farm policy with UIM coverage up to $500,000 for all claims arising out of all injuries in one accident. State Farm paid the $500,000 limit of that policy.

The Daughhetees also owned a Hyundai, insured by a separate State Farm policy with identical UIM coverage. They demanded the limit of that policy from State Farm. State Farm refused to pay. The Daughhetees sued in state court for the limit of the Hyundai policy.

In a subsection of the UIM coverage entitled " If Other Underinsured Motor Vehicle Coverage Applies," the Hyundai policy has this " other coverage" provision:

1. If Underinsured Motor Vehicle Coverage provided by this policy and one or more other vehicle policies issued to you or any resident relative by the State Farm ...

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