United States District Court, W.D. Washington, Seattle
ECONOMY PREFERRED INSURANCE COMPANY, an Illinois corporation, Plaintiff,
ADAM RODGERS and APRIL RODGERS, husband and wife, and the marital community comprised thereof, Defendant.
C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Plaintiff's motion for
summary judgment (Dkt. No. 19). Having thoroughly considered
the parties' briefing and the relevant record, the Court
finds oral argument unnecessary and hereby GRANTS the motion
for the reasons explained herein.
issued Defendants Adam and April Rodgers an auto insurance
policy that was in effect on August 10 and August 11, 2018.
(Dkt. No. 14 at 4-12.) The policy includes the Washington
Underinsured Motorists Coverage Endorsement (“UIM
endorsement”). (Id. at 7-9.) The UIM
endorsement provides coverage when “an insured is
legally entitled to recover [compensatory damages] from the
owner or operator of an underinsured motor vehicle for
[bodily injury] . . . sustained by an insured; and . . .
caused by an accident arising out of owning, maintaining, or
the use of an underinsured motor vehicle.”
(Id. at 7.) The UIM endorsement defines an
underinsured motor vehicle as “a motor vehicle for
which . . . the sum of the limits of the [bodily injury
liability insurance policies] is less than the damages which
the insured is legally entitled to recover.”
(Id.) The UIM endorsement does not modify the
definition of “motor vehicle.” (Id. at
7-9.) The policy provides the following definition for
VEHICLE means a land motor vehicle designed for use
mainly on public roads other than:
1. a farm type tractor or farm equipment designed for use
mainly off public roads, while not upon public roads;
2. a vehicle operated on rails or crawler-treads;
3. a self-propelled steam engine or traction engine;
4. a compactor type engineering vehicle used for the
construction of roads or foundations; or
5. a vehicle used primarily as a residence, dwelling,
premises, or place of business.
(Id. at 5-6.) (emphasis added)
policy also includes the Washington Personal Injury
Protection Endorsement (“PIP endorsement”).
(Id. at 10-12.) The PIP endorsement provides that
Plaintiff will “pay . . . benefits to an insured for
loss and expense incurred because of [bodily injury]
sustained by that insured and caused by an accident arising
out of . . . use of an auto[.]” (Id. at 11.)
The PIP endorsement modifies the definition of
“auto” for the PIP endorsement only:
means every motor vehicle designed for carrying ten
passengers or less and used for transportation of ...