Aрpellant, Catherine A. Chamness (“Plaintiff’), appeals from the judgment of the Circuit Court of the City of St. Louis granting summary judgment in favor of Respondent, American Family Mutual Insurance Company (“American Family”). Plaintiff had filed an action seeking un-derinsured motorist coverage under two insurance policies issued to her and her husband, William Chamness (“Plaintiffs husband”), by American Family for two vehicles. We reverse and remand.
On October 6, 2003, Plaintiff, operating a 1977 Ford F150 (“the Ford”) owned by Plaintiffs husband, was involved in an automobile collision with a vehicle driven by *201 Missy Smith (“Smith”). Plaintiff sustained injuries as a result of the collision. Smith was insured by American Standard Insurance Company of Wisconsin (“Smith’s insurance company”) and had bodily injury liability insurance coverage in the amount of $100,000.00 per person and $800,000.00 per occurrence. Smith’s insurance company settled with Plaintiff for the policy limit of $100,000.00.
At the time of Plaintiff and Smith’s collision, Plaintiff and Plaintiffs husband were not living together in the same household. Plaintiff and Plaintiff’s husband were both insured under two automobile insurance policies issued by American Family. Each policy covered a different vehicle: one policy covered the Ford and the other policy covered a 1988 Nissan Pathfinder. Both policies provide for underinsured motorist insurance coverage for bodily injury in the amount of $100,000.00 per person and $800,000.00 per accident.
The underinsured motorist coverage endorsement in both policies states in relevant part:
We will pay compensatory damages for bodily injury which an insured person is legally entitled to recover from the owner or оperator of an underinsured motor vehicle. The bodily injury must be sustained by an insured person and must be caused by accident and arise out of the use of the underinsured motor vehicle.
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ADDITIONAL DEFINITIONS USED IN THIS ENDORSEMENT ONLY
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3. Underinsured motor vehicle means a motor vehicle which is insured by a liability bond or policy at the time of the accident which provides bodily injury liability limits less than the limits of liability of this Underin-sured Motorists coverage.
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LIMITS OF LIABILITY
The limits of liability of this coverage as shown in the declarations apply, subject to the following:
1. The limit for each persоn is the maximum for all damages sustained by all persons as the result of bodily injury to one person in any one accident.
2. Subject to the limit for each person, the limit for each accident is the maximum for bodily injury sustained by two or more persons in any one accident.
We will pay no more than these máxi-mums no matter how many vehicles are described in the declarations, insured persons, claims, claimants or policies or vehicles are involved in the accident. The limits of liability of this coverage [will] bе reduced by:
1. A payment made or amount payable by or on behalf of any person or organization which may be ... liable, or under any collectible auto liability insurance, for loss caused by an accident with an underinsured motor vehicle.
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OTHER INSURANCE
If there is other similar insurance on a loss covered by this endorsement we will pay our share according to this policy’s proportion of the total limits of all similar insurance. But, any insurance provided under this endorsement for an insured person while occupying a vehicle you do not own is excess over any other similar insurance.
Under the general provisions portion of both policies, the “Two or More Cars Insured” provision states in pertinent part: “The total limit of our liability under all policies issued to you by us shall not ex *202 ceed the highest limit of liability under any one policy.”
The term “you” is defined throughout both policies as: “the policyholder named in the declarations and spouse, if living in the same household.” The declarations page to both policies provides that the “policyholder/nаmed insured” is: “Chamness, Catherine A and William.”
Plaintiff sought underinsured motorist coverage from American Family under the two insurance policies. After American Family refused coverage, Plaintiff filed the present action for underinsured motorist coverage. Thereafter, American Family filed a motion for summary judgment, asserting that Plaintiff is not entitled to recovery under the underinsured motorist coverage endorsement of either policy because her collision with Smith did not occur with an underinsured motor vehicle, as Smiths’ bodily injury liability coverage equaled the underinsured motorist coverage of each of Plaintiff’s insurance policies. Plaintiff filed a cross-motion for summary judgment and response to Defendant’s motion for summary judgment. In both of these motions, Plaintiff maintains that because of an ambiguity in the policies: (1) she is entitled to underinsured motorist coverage under both policies; (2) she is allowed to stack the $100,000.00 of under-insured motorist coverage provided by each policy; and (3) American Family is not entitled to set-off the amount recovered from Smith’s insurance company.
Subsequently, the trial court granted American Family’s motion for summary judgment and denied Plaintiffs cross-motion for summary judgment. In its decision, the trial court found that Plaintiff is not entitled to underinsured motorist coverage under either insurance policy because (1) the definition of an underinsured motor vehicle is not met under either policy, and (2) there is no ambiguity in either policy. This appeal by Plaintiff followed.
Our review of a grant of summary judgment is essentially
de novo. ITT Commercial Finance v. Mid-Am. Marine,
The interpretation of an insurance policy is a question of law that we review
de novo. Seeck v. Geico General Ins. Co.,
An insurance policy is ambiguous where there is duplicity, indistinctness, or uncertainty in the meaning of the language used in the policy. Id. “Language is ambiguous if it is reasonably open to different constructions.” Id. (quotation omitted). If we find that an insurance policy’s language is ambiguous, we construe it in favor of the insured. Id.
We will first address Plaintiffs second point on appeal.
In her second point on appeal, Plaintiff contends that the trial court erred in granting summary judgment in favor of American Family and that she is entitled to underinsured motorist coverage because of an ambiguity in the insurance policies’ language. Plaintiff сontends that the language is ambiguous because the second sentence of the other insurance clause, which states, “[b]ut, any insurance provided under this endorsement for an insured *203 person while occupying a vehicle you do not own is excess over any other similar insurance,” appears to provide insurance coverage while anti-stacking and set-off provisions in the policies indicate that such coverage is not provided.
In order for Plaintiff’s argument to have any merit, we must first determine whether the second sentence of the other insurance clause applies to her.
See Niswonger v. Farm Bureau Town & Country,
According to the terms of both policies, the second sentence of the other insurance clause applies to Plaintiff only if she was “an insured person while occupying a vehicle you do not own” at the time her aсcident with Smith occurred. It is undisputed that Plaintiff was an insured person under the definition of each policy and that Plaintiff was occupying a vehicle; however, the parties dispute whether the accident occurred while Plaintiff was occupying a vehicle “you do not own.” Specifically, the parties disagree as to whether the policies’ definition of “you” is ambiguous.
If a term is defined in an insurance policy, we will normally only look to that definition to determine the term’s meaning.
Mansion Hills v. American Family Mut.,
We have previously held that when an insurance policy defined “you” as “(a) the ‘named insured’ shown in the [declarations; (b) the spouse if a resident of the same household,” the policy definition was clear and unambiguous.
State Farm Fire & Cas. Co. v. Berra,
Here, the term “you” is defined throughout both policies in this case as: “the policyholder named in the declarations and spouse, if living in the same household.” Although the definition of “you” in this case is very much like the policy definition of “you” in Berra, the facts in this case are distinguishable.
The relevant facts in this case are: (1) there are multiple policyholders — the declarations page to both policies states the “policyholder/named insured” is “Chamness, Catherine A and William;” (2) the definition of “you” is placed in the context of an other insurance clause specifying that it applies to Plaintiff only if she was occupying “a vehicle you do not own” at the time her accident with Smith occurred; (3) it is undisputed that only Plaintiff’s husband owned the Ford at the time of the accident; and (4) it is undisputed that Plaintiff and Plaintiffs husband were not living in the same household at the time of the accident. Plaintiff asserts that in this context, the definition of “you” is ambiguous because an ordinary person of average understanding would construe the language
“the
policyholder named in
*204
the declarations and spouse, if living in the same household” to apply only to her, the single policyholder who was reading each insurance policy to determine her entitlement to insurance coverage, and her spouse
if
he was living in the same household. Thus, Plaintiff contends one construction of the language “a vehicle you do not own” would indicate a vehicle not owned by her, the single policyholder reading each insurance policy, and a vehicle not owned by her spouse if he was living in the same household. American Family retorts that another construction of the language “a vehicle you do not own” would indicate a vehicle not owned by
any
policyholder and also a vehicle not owned by her spouse if that spouse was living in the same household. We recognize “[t]he fact that the parties disagree over the interpretation of a term in an insurance policy does not render the term ambiguous.”
Clark v. American Family Mut. Ins. Co.,
Plaintiff argues that if American Family wanted the definition of you in the context of the policies’ language “a vehicle you do not own” to be understood as a vehicle not owned by multiple or either of two policyholders, it should have used the language “any policyholder,” or “either policyholder,” instead of “the policyholder.” We agree. It was American Family’s responsibility to make the policies’ language clear and unambiguous and it failed to do so.
See Seeck,
Accordingly, the policies’ language is ambiguous as to whether the accident occurred while Plaintiff was occupying a vehicle “you do not own.” Construing this language in favor of Plaintiff, we find the second sentence of the other insurance clause applied to her.
We will now ascertain whether an ambiguity is created in this case that entitles Plaintiff to relief.
Where an insurance policy promises the insured something at one point but then takes it away at another, there is an ambiguity. Id. at 133. Specifically, if “an other insurance сlause appears to provide coverage but other clauses indicate that such coverage is not provided, then the policy is ambiguous, and the ambiguity will be resolved in favor of coverage for the insured.” Id. at 134. An other insurance clause appears to provide coverage when it would be interpreted by an ordinary person of average understanding to provide coverage over and above that furnished by the tortfeasor’s insurance. Id. at 133.
In
Niswonger,
our court found that a similar second sentence of the other insurance clause created an ambiguity when considered with other anti-stacking language in the policy.
OTHER AUTOMOBILE INSURANCE IN THE COMPANY — With respect to any occurrence, accident, death or loss to which this or any other automobile insurance policy issued to the named insured or spouse by the company also applies, the total limit of the company’s liability under all such policies shall not exceed the highest applicable limit of liability or benefit under any one such policy. Id. at 314-15.
Our court found that a reasonable layperson could construe the second sentence of *205 the other insurance clause, when read in conjunction with the entire policy, to supersede the anti-stacking provision that wоuld normally and otherwise apply. Id. at 318. We thus held that the policy’s language was ambiguous in the special situation where the plaintiff was occupying a non-owned vehicle, and allowed the plaintiff to stack underinsured motorist coverage under three separate motor vehicle policies issued by the insurance company. Id. at 313, 315, 321.
In
American Family Mut. Ins. Co. v. Ragsdale,
the second sentence of the other insurance clause provided: “But, any insurance provided under this endorsement for an insured person while occuрying a vehicle you do not own is excess over any other similar insurance.”
LIMITS OF LIABILITY
The limits of liability of this coverage as shown in the declarations apply, subject to the following:
1. The limit for each person is the maximum for all damages sustained by all persons as the result of bodily injury to one person in any one accident.
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We will pay no more than these máxi-mums no matter hоw many vehicles are described in the declarations, insured persons, claims, claimants or policies or vehicles are involved in the accident. Id. at 53.
The Western District, following the holding of Niswonger, held that the policy language was ambiguous, and allowed the plaintiff to stack underinsured motorist coverage under two separate motor vehicle policies issued by the insurance company. Id. at 52, 55, 57.
American Family attempts to distinguish
Niswonger
because, in that case, the tortfeasor’s vehicle met the definition of an underinsured motor vehicle in that the tortfeasor’s liability cоverage was less than the limits of liability of the plaintiffs’ underinsured motorist coverage.
1
In contrast, it is undisputed here that the definition of an underinsured motor vehicle was not met because Smith’s liability overage was the same as the limits of liability as Plaintiffs underinsured motorist coverage.
2
But both the Missouri Supreme Court and the Western District have rejected the notion that an insured is only entitled to underinsured motorist coverage if the definition of an underinsured motor vehicle is met under the policy.
Seeck,
Moreover, we also find that
Ragsdale
is directly on point. In
Ragsdale,
the second sentence of the other insurance clause provided: “But, any insurance provided under this endorsement for an insured person while occupying a vehicle you do not own is excess over any other similar insur-
*206
anee.”
One construction would indicate that the underinsured motorist coverage provided by the endorsement is excess over any other applicable coverage. Another construction ... would indicate that the underinsured motorist coverage provided by the endorsement is excess over other underinsured motorist coverage, and, therefore, because no such coverage exists in this case [in that the definition of underinsured motor vehicle was not met], the excess сlause does not apply. Id. (emphasis in original).
“Similar insurance” is not defined in either of the insurance policies. Because it is not plainly obvious that a technical meaning was intended, we give the term its ordinary meaning as found in the dictionary.
See Mansion Hills,
Using this definition, identical insurance would mean underinsured motorist coverage. If American Family intended similar to mean other underinsured motorist insurance, it simply could have stated other similar underinsured motorist insurance. It did not do so; this court declines to apply such a construction, and concludes the second sentence of the [o]ther [i]nsurance clause to be ambiguous. Id. (emphasis in original).
American Family attempts to attack the Western District’s analysis, claiming that “other similar insurance” refers only to other underinsured motorist coverage, citing the following cases:
Kyte v. American Family Mut. Ins. Co.,
Kyte, Clark,
and
Lang
all did not involve an excess coverage clause.
See Kyte,
Although
Niswonger
involved an excess coverage clause like the clause at issue in this point on appeal, we only found that “there is no question that the term ‘similar insurance’ ... does, in fact, refer to ‘other underinsured motorist insurance coverages.’ ”
Moreover, an ordinary person of average understanding would interpret the second sentence of the other insurance clause to provide coverage over and above any applicable coverage.
Other language in the policies, the anti-stacking and set-off provisions, indicates that such coverage is not provided. The first set of anti-stacking language, found in the limits of liability section of the under-insured motorist coverage endorsement, states in pertinent part:
The limits of liability of this coverage as shown in the declarations apply, subject to the following:
1. The limit for each person is the maximum for all damages sustained by all persons as the result of bodily injury to onе person in any one accident.
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We will pay no more than these máxi-mums no matter how many vehicles are described in the declarations, insured persons, claims, claimants or policies or vehicles are involved in the accident. (emphasis added).
The second set of anti-stacking language, found in the “Two or More Cars Insured” provision of the general provisions portion of both policies, states: “The total limit of our liability under all policies issued to you by us shall not exceed the highest limit of liability under any one policy.” The policies’ set-off language, found in the limits of liability portion of the underinsured motorist endorsement, provides:
The limits of liability of this coverage [will] be reduced by:
1. A payment made or amount payable by or on behalf of any person or organization which may be ... liable, or under any collectible auto liability insurance, for loss caused by an accident with an underinsured motor vehicle.
American Family contends that the “Two or More Cars Insured” anti-stacking provision resolves any ambiguity that mаy be found in the policies. Specifically, American Family cites
Murray v. American Family Mut. Ins. Co.,
Because the second sentence of the other insurance clause appears to provide coverage over and above any other applicable coverage but the anti-stacking and set-off language indicates that such coverage is not provided, the insurance policies’ language is ambiguous. We resolve this ambiguity in favor of coverage for Plaintiff.
*208 Plaintiff contends that because of this coverage, she is allowed to stack the $100,000.00 of underinsured motorist coverage provided by each policy. 3 Because we have determined that the second sentence of the other insurance provision creates an ambiguity with respect to the anti-stacking provisions, we must allow Plaintiff to stack the $100,000.00 of underinsured motorist coverage provided by each policy. See id.
American Family maintains that Plaintiff’s recovery, if any, should be set-off by the amount Plaintiff received from Smith’s insurance company. 4 Because we have found that the second sentence of the other insurance provision creates an ambiguity with respect to the set-off provision, American Family is prohibited from setting-off funds Plaintiff received from Smith’s insurance company against the un-derinsured motorist coverage. See id.
In conclusion, an ambiguity is created in the policies because the second sentence of the other insurance clause appears to provide coverage over and above any other applicable coverage while the anti-stacking and set-off language indicates that such coverage is not provided. Because we construe ambiguities in favor of Plaintiff, Plaintiff is entitled to underinsured motorist coverage, Plaintiff is entitled to stack hеr two insurance policies, and American Family is prohibited from setting-off funds Plaintiff received from Smith’s insurance company against the underinsured motorist coverage. Therefore, the trial court erred in granting summary judgment in favor of American Family. Point granted.
Because Plaintiffs second point on appeal is dispositive, we find it unnecessary to address Plaintiffs first point on appeal.
Based on the foregoing, we reverse the trial court’s judgment and remand with directions to enter judgment in favor of Plaintiff.
Notes
. In
Niswonger,
the tortfeasor’s policy provided $50,000.00 liability coverage and the plaintiffs had three separate policies providing un-derinsured motorist coverage of $100,000.00 per person.
. Smith's policy provided $100,000.00 in liability coverage and each of Plaintiff's policies provides for $100,000.00 in underinsured motorist coverage.
. We note that because the trial court found that Plaintiff was not entitled to underinsured motorist coverage under either policy, it did not rule on the issue of stacking. Nevertheless, we may cоnsider this issue on appeal because it was raised in the parties’ responses to American Family’s motion for summary judgment.
See Heffernan v. Reinhold,
. We note that the trial court also did not rule on the issue of set-off. Because this issue was raised in the parties’ responses to American . Family’s motion for summary judgment, we will address this issue for the same reasons discussed in footnote 3.