Brenda and Darren Wagner (“the Wagners”) appeal from the Floyd Superior Court’s grant of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin (“American Family”). The Wagners argue whether the terms of American Family’s underinsured motorist policy reduce American Family’s risk exposure under the policy to zero.
Conclusion (slip op. at 6): We conclude that the trial court appropriately granted American Family’s motion for summary judgment because there were no genuine issues of material fact remaining. Affirmed.
Key Analysis (slip op. at 6): We conclude that American Family may set-off payments made by State Farm . . . If State Farm pays the limits of its policy, then American Family could set off an additional $50,000. If American Family set off both the $50,000 paid by Allstate and the $50,000 hypothetically paid by State Farm, then American Family would have reached its policy limits and have no further exposure under its policy.
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