But “[b]ecause Missouri does not require UIM coverage, ‘the existence of the coverage and its ability to be stacked are determined by the contract entered between the insured and the insurer.’ ” Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1131 (8th Cir.2014) (quoting Rodriguez v. Gen. Accident Ins. Co. of Am., 808 S.W.2d 379, 383 (Mo.1991) (en banc)). Consequently, “general rules of contract construction apply,” and the “key” question is whether the policy unambiguously prohibits stacking or “is reasonably open to different constructions” as to the permissibility of stacking.
But “[b]ecause Missouri does not require UIM coverage, ‘the existence of the coverage and its ability to be stacked are determined by the contract entered between the insured and the insurer.’ ” Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1131 (8th Cir.2014) (quoting Rodriguez v. Gen. Accident Ins. Co. of Am., 808 S.W.2d 379, 383 (Mo.1991) (en banc)). Consequently, “general rules of contract construction apply,” and the “key” question is whether the policy unambiguously prohibits stacking or “is reasonably open to different constructions” as to the permissibility of stacking.
In Missouri, the general rules of contract construction apply to insurance contracts. Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1132 (8th Cir. 2014) (citation omitted). "The provisions of an insurance policy are read in context of the policy as a whole," and "[t]he language in a policy is given its ordinary meaning unless another meaning is plainly intended."
We view the record most favorably to the nonmoving party and draw all reasonable inferences in that party's favor. Daughhetee v. State Farm Mut. Auto. Ins. Co. , 743 F.3d 1128, 1131 (8th Cir. 2014). Interpretation of an insurance policy is a matter of state law, and we review the district court's interpretation of state law de novo. Id.
Under Missouri law, ambiguity exists in an insurance policy “ ‘when there is duplicity, indistinctness, or uncertainty in the meaning of the language in the policy’ ” and “ ‘[l]anguage is ambiguous if it is reasonably open to different constructions.’ ” Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1132 (8th Cir.2014) (quoting Burns v. Smith, 303 S.W.3d 505, 509 (Mo.2010) (en banc)). In construing the terms of an insurance policy, this court “must apply ‘the meaning which would be attached by an ordinary person of average understanding if purchasing insurance.’ ”
Crain appeals, arguing he and the class are entitled to UIM benefits “pursuantto the express terms of the [Pontiac] policy as well as under Missouri Law construing ambiguities in favor of the insured.” Crain's arguments are foreclosed by our decision in Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1129–33, 1134, No. 13–1185, 2014 WL 563579, at *1–4, 6 (8th Cir. Feb. 14, 2014), in which we affirmed the lower court's determination that the language in an identical State Farm automobile policy “unambiguously precluded policy stacking” of UIM coverage limits under Missouri law. We concluded “[a] reasonable person, reading the [State Farm] policy in its entirety, would know the stacking of UIM policies is prohibited.”
Interpretation of an insurance policy is a question of law. McCormack Baron Mgmt. Servs., Inc. v. Am. Guar. & Liab. Ins. Co. , 989 S.W.2d 168, 171 (Mo. banc 1999) (citation omitted). In Missouri, insurance policies and insurance provisions for underinsured motorist coverage are governed by the rules of contract.Daughhetee v. State Farm Mut. Auto. Ins. Co. , 743 F.3d 1128, 1132 (8th Cir. 2014) (citation omitted). Am. Fam. Mut. Ins. Co. v. Turner , 824 S.W.2d 19, 21 (Mo. Ct. App. 1991) (citation omitted).
In Missouri, the general rules of contract construction apply to insurance contracts. Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1132 (8th Cir. 2014) (citation omitted). "The provisions of an insurance policy are read in context of the policy as a whole," and "[t]he language in a policy is given its ordinary meaning unless another meaning is plainly intended."
In Missouri, the general rules of contract construction apply to insurance contracts. Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1132 (8th Cir. 2014) (citation omitted). "The provisions of an insurance policy are read in context of the policy as a whole," and "[t]he language in a policy is given its ordinary meaning unless another meaning is plainly intended."
In Missouri, the general rules of contract construction apply to insurance contracts. Daughhetee v. State Farm Mut. Auto. Ins. Co., 743 F.3d 1128, 1132 (8th Cir. 2014) (citation omitted). "The provisions of an insurance policy are read in context of the policy as a whole," and "[t]he language in a policy is given its ordinary meaning unless another meaning is plainly intended."