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Missouri Employers Mutual Insurance Co. v. Nichols11/30/2004
y judgment petition, on the ground that Nichols' alleged negligent acts in the underlying wrongful death action were not covered under the Policy, due to his not being a named insured, because the Policy is ambiguous as to its coverage under the ELI of the Policy and, therefore, should be interpreted against the drafter, MEMIC, in favor of coverage. In ruling as we do as to Point II, supra, concerning the clear and unambiguous language of the Policy demonstrating no coverage for Nichols in the underlying wrongful death action, we necessarily find against the appellant in this point.
Point denied.
Conclusion
The judgment of the Circuit Court of Boone County, granting MEMIC's motion for summary judgment on its petition for declaratory judgment, is affirmed.
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