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 had to exhaust the liability limits of all applicable tortfeasors’ policies before UIM coverage could be triggered. The court concluded that the enactment modifying joint and several liability did not alter the UIM statute or the established exhaustion rule, and that the policy’s use of “any” unambiguously meant all applicable policies. The court also rejected the Corns’ waiver argument because they cited no convincing authority supporting it. Justice Hoofman, dissenting, would have reversed because the abolition of joint and several liability made complete exhaustion inconsistent with the UIM statute.