FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION.
NO. 60CV-12-471. HONORABLE MACKIE M. PIERCE, JUDGE.
R. Crabtree, for appellant.
Armstrong Hodges, for appellee.
T. WHITEAKER, Judge. GLADWIN, C.J., and HARRISON, J., agree.
PHILLIP T. WHITEAKER, Judge
Clark appeals a summary-judgment order denying his claim
against appellee Southern Farm Bureau Insurance Company (SFB)
for underinsured motorist (UIM) coverage. We reverse and
remand for further proceedings.
facts are undisputed. Clark was injured in a car accident in
Missouri in 2010. The driver of the other vehicle, Carla
Zender, was at fault. Zender carried a $100,000 automobile
liability policy, and Clark settled with her and her insurer
for that amount. In consideration of the settlement, Clark
released Zender and her insurer from further liability
arising out of the accident. Clark did not give his own auto
insurer, SFB, prior notice of the settlement.
point, Clark indicated to SFB that his damages exceeded
Zender's policy limits and that he would seek UIM
benefits. SFB filed suit, seeking a declaration that
Clark's failure to give prior notice of the Zender
settlement precluded UIM coverage. SFB subsequently moved for
summary judgment based on the following policy provision:
NOTICE REQUIREMENTS AND SETTLEMENT OF LOSS
You must provide us written notice if you reach, or if the
covered person reaches, a tentative agreement to settle the
loss with the owner, operator, or liability insurer of the
The written notice must be by registered or certified mail,
return receipt requested, and include:
a. written documentation of the pecuniary losses incurred,
including copies of all medical bills; and
b. written authorization or court order authorizing
us to obtain medical reports from all