Slaughter, J.
Shelina Glover died in a car crash that was not her fault. Her estate settled its claims against the two responsible drivers, whose insurers paid policy limits totaling $75,000. The Estate also received separate settlements of $25,000 each for underinsured-motorist (UIM) coverage from Shelina’s own carrier and from that of her estranged husband, who was driving the vehicle in which she died.
At issue here is the Estate’s request for further UIM coverage of $25,000 under Shelina’s parents’ Allstate policy, which provides up to $100,000 per person for bodily injury, including death. Allstate opposes the Estate’s claim on two grounds. First, it says Shelina was not a “resident relative” under the policy, meaning she was not an eligible insured, because her parents did not notify Allstate that she had been living with them. Second, Allstate argues that even if Shelina were an insured person under her parents’ policy, the policy’s offset and anti-stacking provisions bar the Estate from recovery because the $125,000 the Estate received from other insurers exceeds the limits under the policy.
We reject both of Allstate’s arguments. First, we hold that Shelina was an “insured person” under the policy. She qualified as a “resident relative” because she lived with her parents, and her parents did not need to notify Allstate of her status because she was not an “operator” living within their household. Second, we hold that the policy’s anti-stacking provision does not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury— $75,000 on this record. Having granted transfer, we vacate the trial court’s judgment and remand with instructions to grant the Estate’s cross-motion for summary judgment.
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First, we consider whether Shelina was a “resident relative” and thus an “insured person” for UIM purposes under her parents’ Allstate policy. Under the policy, an insured person includes “any resident relative.” The parties agree that Shelina is her parents’ “relative”, so her status turns on whether she is also a “resident”, which the policy defines as “a person who physically resides in [the policyholders’] household with the intention to continue residence there.”
When Shelina moved in with her parents—the policyholders—she packed up everything she and her children owned; she changed her address with the United States Postal Service to that of her parents’ home; and her parents described their home as Shelina’s “new home.” These facts show that Shelina intended to remain at her parents’ home and thus was a “resident” under their policy.
Despite Shelina’s intention to continue living with her parents, Allstate nevertheless argues that she was not an “insured person” due to its lack of notice. According to Allstate, “the Glovers’ policy specifically requires notification to Allstate when there is a new resident relative to be added to the policy”, yet her parents never notified Allstate of Shelina’s move. The Estate counters that the policy’s plain language says the notice requirement applies “whenever an operator becomes a resident of your household.” In other words, it argues, Shelina’s residency in her parents’ household is not dispositive of the notice issue. For the notice requirement to apply, Shelina must have been an “operator” who resides within their household.
Unfortunately, Allstate’s policy does not define “operator”. And in briefing before the court of appeals and our Court, Allstate did not propose a definition. Given the policy’s silence and the term’s plain meaning, we interpret “operator” to be a person who is or will be operating one of the vehicles covered under the policy. Applying this interpretation, we hold that Shelina was not an operator. When she moved into her parents’ home, she had her own car. Her parents “did not anticipate that Shelina would operate” either of the vehicles “listed on the Policy . . . because she had her own car.” And her mother said that “[f]rom the time she moved into our home . . . through the day of her death . . . Shelina never operated our 2014 Ford Edge or our 2006 Ford F150 listed on the Policy.” Because Shelina was not an “operator”, the Glovers did not have to notify Allstate that she had moved in with them. Thus, Shelina was a “resident relative” as to whom the notice requirement did not apply, making her an “insured person” under the Glovers’ Allstate policy.
Next, we consider the policy’s anti-stacking clause and then turn to its offset clause. Applying our precedent, we hold first that Allstate’s anti-stacking clause prevents only the aggregation of UIM policy limits; it does not bar aggregating more than one UIM recovery. Then, we hold that Allstate’s $100,000 per-person UIM limits are offset by the $75,000 the Estate received from Hahn’s and Bogue’s liability insurers. These payments were made on behalf of the two drivers “legally responsible” for Shelina’s death. But Allstate’s UIM limits are not offset by the UIM payments the Estate received from Robinson’s and Shelina’s own policies. Unlike the liability payments, the UIM payments were not made on behalf of persons “legally responsible” for Shelina’s death. Thus, the Estate can recover $25,000 in excess UIM benefits under the Allstate policy as its total UIM recovery will still be less than the policy’s $100,000 UIM limits.
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Consistent with American Economy, we hold that Allstate’s anti-stacking provision likewise bars aggregating policy limits for UIM coverage but does not bar multiple UIM recoveries. Here, the Estate’s total UIM payments of $50,000 from the Robinson and Shelina policies are less than the Estate’s aggregate UIM maximum of $100,000 under her parents’ Allstate policy. Thus, the disputed anti-stacking provision does not prevent the Estate from obtaining further UIM recoveries of up to $50,000.
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Applying these precedents, we hold that Allstate’s offset provision reduces its UIM coverage only for the payments the Estate received on behalf of Kenneth Bogue and Matthew Hahn, the two men at fault (“legally responsible”) for the fatal accident. Bogue and Hahn were insured by Omni Insurance and Allstate, respectively, and these carriers paid the Estate $75,000 total in liability payments. Because that money was paid “by or on behalf of” someone “legally responsible” for the accident, it must be offset against the Allstate policy’s $100,000 UIM limit, thus reducing the limit to $25,000. The offset provision does not, however, further reduce that limit by the Estate’s receipt of UIM payments from American Family and GEICO, neither of which insured someone “legally responsible” for Shelina’s death. See Glover, 133 N.E.3d at 189. Because the Estate’s UIM settlements are not offset against the policy’s UIM limit, the Estate has an additional $25,000 UIM coverage available to it under the Allstate policy.
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For these reasons, we hold that the Estate is entitled to summary judgment on the issues of whether Shelina was an “insured person” and the availability of $25,000 in further UIM coverage under the parents’ Allstate policy. We vacate the trial court’s judgment and remand with instructions to grant the Estate’s cross-motion for summary judgment.
Rush, C.J., and David, Massa, and Goff, JJ., concur.