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KENNEDY v. SAFECO INS. CO. OF ILLINOIS

No. SD 32345.

413 S.W.3d 14 (2013)

Kevin P. KENNEDY, Respondent, v. SAFECO INSURANCE COMPANY OF ILLINOIS, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Application for Transfer to Supreme Court Denied July 8, 2013.

Application for Transfer Denied August 13, 2013.

Attorney(s) appearing for the Case

Scott R. Pettit , Aurora, for Appellant.

Kristie S. Crawford and Paula Green, Springfield , and T. Michael Ward , St. Louis, for Respondent.

DANIEL E. SCOTT, P.J.

Kevin Kennedy filed suit to stack underinsured motorist (UIM) benefits.1 He was granted summary judgment. This was error because the policy unambiguously forbade UIM stacking. We reverse and remand.

Procedural Background

A pickup struck Kennedy, a pedestrian, causing bodily injury damages that exceeded the driver's policy limits by more than $100,000.<...

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