J.M. v. D.M.M‪.‬

Charles W. Barker and Jo Ann Barker ("the Barkers") appeal the grant of summary judgment to Farm Bureau Town & Country Insurance Company of Missouri ("Farm Bureau") on their contract claim against Farm Bureau to recover $100,000 in benefits under the terms of the second of two separate underinsured motorist ("UIM") insurance policies issued to them by Farm Bureau. After the parties filed cross-motions for summary judgment, the Circuit Court of Lafayette County entered summary judgment in favor of Farm Bureau, determining that the language of the policies in question unambiguously disallowed stacking of UIM coverages. In this appeal, the Barkers claim the circuit court erred in entering summary judgment against them because the policies were ambiguous with regard to the total amount of UIM coverage provided. As we find that there was no ambiguity, we affirm the trial courts grant of summary judgment to Farm Bureau. The facts of this case are not in dispute. The Barkers are the parents of Joni Barker, a young woman who died on July 19, 2000, when a vehicle being driven by Jody Jackson left an eastern Jackson County, Missouri roadway and struck a 38-inch diameter utility pole. Joni Barker was a passenger in the vehicle, which was not owned by Joni Barker or her parents. Jackson, who survived the accident, was insured by State Farm under an insurance policy with a per-person liability limit of $50,000. State Farm paid its policy limits to the Barkers.