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Pallay v. Nationwide Insurance Co.10/31/2005
appeal. First, the Policy contains a valid anti-stacking clause that reduced UIM coverage by any amount paid out under the liability portion of the Policy. Second, the Littrell case does not allow the person who incurred the injuries to use a Medicare lien to increase his or her UIM benefits under that person's own automobile insurance policy. Third, Appellee's vehicle cannot be treated as an underinsured motor vehicle under the definitions contained within the Policy. Therefore, the decision of the Mahoning County Court of Common Pleas is reversed, and judgment entered in favor of Appellant, Nationwide Insurance Company.
Donofrio, P.J., concurs.
Vukovich, J., concurs.
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