Allstate Insurance Company v. Joel T. Clemmons and Rhonda Clemmons

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Joel T. CLEMMONS and Rhonda Clemmons, Defendants-Appellants. No. 91-15966. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 23, 1992. Decided Oct. 13, 1992. Before CANBY, REINHARDT and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Joel and Rhonda Clemmons appeal the district court's grant of summary judgment in favor of Allstate Insurance Company ("Allstate") in its action for declaratory relief. Allstate issued the Clemmonses an automobile insurance policy that insured two of their automobiles. At issue was the underinsured motorist ("UIM") coverage provided for by the policy. The limits of the UIM coverage under the policy were $15,000 per person and $30,000 per accident where two or more persons are injured. 3 Joel Clemmons sustained covered injuries in an automobile accident caused by an underinsured motorist. After Clemmons made a claim,…