Plaintiff was injured in a motor vehicle accident in 1991. Damages from her injuries exceeded the driver's available liability insurance limits. Plaintiff submitted a claim for UIM benefits to defendants, who insured her under her mother's policy. Defendants denied the claim. Nancy renewed her policy regularly.
Plaintiff disputes that allegation.
After the 1991 accident and defendants' denial of UIM benefits, plaintiff filed this action. Defendants filed a motion for summary judgment, which was granted, and this appeal follows. Therefore, a legal question is dispositive on summary judgment. This case presents an issue quite similar to that raised in Savage v. Grange Mutual Ins. We held that the duty to offer increased coverage must be imputed at issuance, and therefore the higher limits applied to the plaintiff's loss.