Berkley Regional Insurance Co. v. Bernick-Odom

After Jeffrey Odom died in a motor vehicle accident driving a pick-up truck owned by his employer and insured by Berkley, Odom's widow filed a claim with Berkley for underinsured motorist (UIM) benefits. Berkeley then filed a diversity action seeking a declaratory judgment of no UIM coverage and plaintiff counter-claimed. The Eighth Circuit affirmed the district court's grant of Berkley's motion for summary judgment and held that the other driver's vehicle was not an "underinsured motor vehicle" as defined in Berkley's policy and in the auto insurance provisions of the North Dakota Century Code. View "Berkley Regional Insurance Co. v. Bernick-Odom" on Justia Law