Dyer v. Dairyland Insurance Co.

In this appeal we determine whether the plaintiff’s recovery for the negligence of one tortfeasor under the liability provision of an automobile insurance policy precludes recovery under the underin sured motorist provision of the same policy for the negligence of a joint tortfeasor.

I. BACKGROUND AND PROCEEDINGS BELOW

Lenna Jo Dyer (“Dyer”) was the passenger on a motorcycle owned and operated by Kerry B. Atkinson (“Atkinson”). Atkinson’s motorcycle was involved in a collision with a motorcycle owned and operated by Ricky M. Roberts (“Roberts”). As a result of the collision, Dyer received…