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Nationwide Mut. Fire Ins. Co. v. Progressive Bayside Ins. Co.

The trial court erroneously prorated the coverage between two uninsured or underinsured motorist carriers.

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The issue in this case is the priority of two insurance policies providing uninsured or underinsured motorist coverage. Because the trial court failed to correctly determine the priority of coverage, we reverse the trial court’s summary judgment order. On November 23, 2003, Andrew Morgenthal was riding his 2001 Yamaha motorcycle when he collided with a GMC Sierra pickup truck driven by Jose Sanchez. Morgenthal was injured in the collision. He demanded payment for his injuries from Sanchez’s motor vehicle insurer.

Morgenthal also demanded payment from his two uninsured or underinsured motorist carriers. At the time of the collision, Morgenthal’s motorcycle was insured under a policy issued by Progressive Bayside Insurance Company. Morgenthal is the named insured under that policy, which provides uninsured or underinsured motorist coverage in the amount of $50,000.

 
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