Keller v. Amedeo

DENNIS, Justice.

We granted certiorari to consider whether, in an underinsured motorist case, the existence of additional liability insurance covering the alleged underinsured motorist is an affirmative defense which the UM carrier is required to set forth in its answer. The trial court allowed the plaintiff to recover from her UM carrier an amount in damages exceeding the policy limits of coverage on the offending vehicle. Evidence of an additional liability insurance policy applicable to the underinsured motorist was excluded on the ground that the existence of the additional policy…