Karscig v. Mcconville

303 S.W.3d 499 (2010)

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Nature of the Case

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Facts

P was seriously injured when his motorcycle was struck by a 1998 Pontiac Grand Am driven by Jennifer (D). His medical bills exceeded $200,000. Jennifer (D) admitted fault for running a stop sign and causing the wreck. Her parents owned the car she was driving, and it was being operated with their consent. The car was insured under American Family (D) which provided bodily injury liability coverage of $ 25,000 per person and $50,000 per accident (parents' policy). Jennifer (D) also was insured with American Family (D) under a separate policy (Jennifer's policy) on which she paid the premium and was designated the policyholder. It provided liability coverage of $25,000 per person and $50,000 per accident. The vehicle listed on Jennifer's (D) policy was a 1990 Pontiac Grand Am, which her parents also owned. The McConvilles did not maintain an 'owner's policy' on this vehicle. Jennifer's (D) policy contains a provision excluding coverage for the use of family vehicles other than the one insured by the policy: This coverage does not apply to: . . . 9. Bodily injury or property damage arising out of the use of any vehicle, other than your insured car, which is owned by or furnished or available for regular use by you or any resident of your household. The policy includes two 'anti-stacking' provisions. It limits liability to 'the total limit of our liability under all policies issued to you by us shall not exceed the highest limit of liability under any one policy.' It also limits liability to the maximum amount of coverage listed: 'We will pay no more than these maximums no matter how many vehicles are described in the declarations, or insured persons, claims, claimants, policies, or vehicles are involved.' P filed suit against Jennifer (D) for negligence and against American Family (D) for a declaratory judgment that her policy provided coverage for his claims. The trial court granted summary judgment in favor of American Family (D). P appealed.