Insured eligible under two Underinsured Motorist Coverages; sues and Farm Bureau must pay.
Kimberly Beddingfield was a passenger in a car insured by Farm Bureau when a collision caused by an underinsured driver caused her very severe jaw and cervical injuries. As an occupant of the Farm Bureau-insured vehicle, she was entitled to Underinsured Motorist Coverage (UIM) equal to $500,000.00. Under her own State Farm policy, she was entitled to $100,000.00 of UIM coverage. Nevertheless, both companies declined to pay and Beddingfield was forced to sue.
The Court of Appeals noted that the State Farm policy was an "excess" policy written to apply only after all other policies were excluded. Therefore Farm Bureau's claim that she was excluded from the Farm Bureau UIM policy because there was "other UIM coverage available" to her was mistaken. Rather than being limited to the State Farm coverage or to pro rata coverage, Beddingfield is entitled to make claim against the entire Farm Bureau coverage.