The insured, Michael Blumer filed suit against his own insurance company, Automobile Club Inter-Insurance Exchange (d/b/a AAA Insurance) following a motorcycle accident in Boone County, Missouri. The driver of the other vehicle was never identified. At the time of the motorcycle incident, Blumer had two vehicles insured by AAA. The AAA policy provided uninsured motorist coverage with limits of $100,000 per person for each of two vehicles.
The AAA Policy contained an exclusion which provided "This coverage shall not apply to vehicles, including trailers, owned by you and not insured under this policy". It was not disputed that Blumer's motorcycle was owned by him and was not insured under the AAA policy, but was insured with another insurance company. That company, Progressive Northwestern Insurance Company, paid its uninsured motorist limits of $25,000.
The Missouri Court of Appeals, Western District, confirmed the Circuit Court's ruling, concluding that AAA's attempt to totally exclude uninsured motorist coverage for Blumers' motorcycle conflicted with Missouri's Motor Vehicle Financial Responsibility Law. Missouri statute, Section 303.190.2(2), requires minimum uninsured motorist coverage of $25,000 per person and $50,000 per occurrence.
Blumer was not entitled to collect the full limits of his uninsured coverage. However, because the court found the exclusion in the policy was invalid and against public policy, Blumer was entitled to recover the statutory minimum of $25,000 per vehicle. Blumer may stack the coverage for each of the two vehicles insured by AAA. Therefore, Blumer is entitled to $50,000 in uninsured motorist benefits from AAA. To read the entire case, see Michael Blumer v. Automobile Club Inter-Insurance Exchange, d/b/a AAA Insurance, Missouri Court of Appeals, Western District, No. WD72753, (March 29, 2011).
If your insurance claim is denied, please consult with an attorney who is familiar with insurance law. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC have the necessary experience and expertise to properly evaluate your insurance claims to help you to recover all of the benefits to which you are entitled.
