Attorneys obtained summary judgment dismissal in a coverage action concerning the applicability of provisions of competing policies issued by two insurance carriers with regard to underinsured insurance benefits

Attorneys obtained summary judgment dismissal in a coverage action concerning the applicability of provisions of competing policies issued by two insurance carriers with regard to underinsured insurance benefits. Plaintiff claimed she sustained injuries in a motor vehicle accident with a value greater than the monetary settlement she received from the carrier of the tort feasor. Plaintiff sought underinsured insurance benefits under her personal automobile insurance policy as well as her husband's business automobile insurance policy. In our motion, we successfully argued that the Step Down Limit of Insurance provision contained in our client's policy reduced any potential exposure to the lower limits of plaintiff's other policy; and moreover, pursuant to the Other Insurance provision of our policy, any coverage was rendered excess of the other policy under which the insured was a named insured. The court granted our motion for summary judgment and dismissed our client accordingly.