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Masten v. Amco


Masten v. Amco Court of Appeals Decision Kerwin Masten was injured in a four-car accident.  He and his wife settled their claim with one of the drivers, Alice Derin Hanson, and sought compensation for their remaining damages pursuant to the underinsured motorist endorsement in the Mastens’ insurance policy with AMCO Insurance Co.  AMCO sought summary judgment, alleging that the Mastens’ settlement with Hanson constituted a full set-off of its liability.  The trial court granted summary judgment in favor of AMCO, and the Mastens now appeal, arguing that compensation from Hanson cannot set-off AMCO’s liability because Hanson was not an underinsured driver. 

Concluding that the trial court erred and coverage is available, the Court of Appeals reversed and remanded.



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