Adams v. State Farm Mutual Automobile Insurance Co.

I agree with the trial court that State Farm was entitled to set off its $100,000 UM coverage by the full $25,000 paid from the tortfea-sor’s liability policy. I, therefore, respectfully dissent from the majority’s position. Adams’ election to voluntarily divert part of the $25,000 liability payment to satisfy his hospital bill did not reduce the available liability coverage below $25,000 or increase his UM coverage.

Here, contrary to Adams’ assertions, the legislative intent of the UM statute is not to make insureds whole, but “to place insureds in the same position they would be in relation…