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Arn v. McLean2/18/2005
jections from 1989 and 1997 are relevant, Hollon would allow us to consider testimony from the McLeans' insurance agent. The agent testified that he would have explained all premiums and coverages to the McLeans when the initial rejection form was signed. Because the rejection forms are not relevant to our decision, Hollon has no bearing on this case, and we see no need for the supplement.
{ } Finally, the McLeans have filed a motion to supplement the record with certain filings and depositions said to be relevant to whether Carol McLean was at fault in the underlying automobile accident. However, since we have ruled in favor of State Farm on the coverage issue, the question of whether Mrs. McLean was at fault in the accident is irrelevant to this appeal. The parties agree that State Farm has already paid Mrs. McLean the limits of her underlying UM/UIM policy (a fact that is admittedly inconsistent with a claim that Mrs. McLean was at fault). However, this dispute has no bearing on the appeal, because the McLeans are not entitled to any additional insurance coverage from State Farm.
II.
{ } Based on the preceding discussion, the motion for leave to file supplemental authority and the motion to supplement the record are overruled. Further, the single assignment of error is overruled, and the judgment of the trial court is affirmed.
Judgment affirmed.
WOLFF and FAIN, JJ., concur.
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