Opal Corn and L.b. Corn, Appellants v. Farmers Insurance Co., Inc., Appellee

Summary

The court affirmed summary judgment for Farmers, holding that the Corns' UIM coverage was not triggered because they had not exhausted the liability policies applicable to all tortfeasors. The court concluded that the policy's use of "any" referred to all applicable policies, that the policy was unambiguous, and that the modification of joint and several liability did not alter the statutory policy previously recognized by the court. Justice Hoofman, joined by Justice Hart, dissented and would have held that the statutory change eliminated the need for complete exhaustion in multiple-tortfeasor cases.