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

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Petitioner insurance company files this petition for appeal asking this Court to accept the certified question from the circuit court and to answer that question in the affirmative.


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.