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Richardson v. Farmers Insurance Co.5/21/1991
ns" to include "any other person while occupying your insured care." The only qualification in the policies' language relative to underinsured motorist's benefits is that the claimant be an "insured person." Further, Farmers contracted to pay "all sums which an insured person is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle." Farmers specifically permitted "stacking" their policies for the benefit of any insured person by defining the limit of liability to be the total limits for each separate underinsured motorist premium paid "under this or other policies issued by Farmers Insurance Group of Companies." (Emphasis added.)
Richardson was an "insured person" as defined by the Farmers' policy covering the automobile she was permissively driving. She is entitled to "stack" the underinsured motorist's benefits in all three policies by the unambiguous terms contained therein. This court must enforce the clear and unambiguous language of Farmers' policies. Absent ambiguity, provisions of contract need only be applied, rather than construed or interpreted. . The policies are written to cover "insured persons" for uninsured/underinsured benefits, including persons with Richardson's characteristics, and to permit "stacking" of all three policies by "insured persons."
Richardson has suffered over $95,000 in damages as a result of an underinsured driver's negligence. The legislature intended that she be placed in the same position, with regard to recovering those damages, as if the tortfeasor were fully insured. .
Therefore, enforcing these policies as written, the trial court's granting of Farmers' motion for summary judgment is reversed,
and Plaintiff's motion for summary judgment is granted. Richardson is permitted to "stack" the coverages in all three Farmers' policies to the total limit of liability provided by the unambiguous terms of the insurance contracts.
IT IS SO ORDERED.
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