Devlin

Micheal F. Devlin appeals a declaratory judgment in favor of Nationwide Mutual Insurance Company which construed the liability limit provision of an automobile liability insurance policy issued by Nationwide. On appeal we are asked to address the following question: Whether an individual is limited to $100,000 in recovery for an automobile accident involving two persons under an automobile liability insurance policy which contains a $300,000 limit on liability for damages to two or more persons in any one occurrence, subject to a $100,000 limit on liability to one person. We conclude the per person limit applies.

Michele Horgan was in an automobile accident with Michael and Roxanne Devlin, both of whom were injured. Horgan was insured by Nationwide. Her policy declarations specified limits for bodily injury of $100,000 per person and $300,000 per occurrence. After the Devlins filed suit against Morgan, Nationwide undertook her defense. A dispute arose with respect to the limits of Nationwide’s liability for bodily injury. The Devlins, Morgan and Nationwide entered into a settlement agreement under which Nationwide paid $100,000 to Michael Devlin and $100,000 to Roxanne…