Cases

Guy R. Cunningham, et al. v. Walter Lee Hill, et al.

Case Number:
34862
Case Date:
09-02-2010
Case Issue:

Petitioner insurer asks this Court to accept its petition upon the certified question from the circuit court and to answer that question in the affirmative.

CERTIFIED QUESTION:

When two insurers issue separate automobile liability insurance policies upon different vehicles containing underinsured motorists coverages which provide coverage for the same loss, is policy language which provides that the limit of underinsured motorist coverage available from all policies shall not exceed the liability limits of the policy with the highest limit of underinsured motorist coverage valid and enforceable?

The circuit court answered this question in the negative and found that the language in the Erie insurance policy was ambiguous.