Derosier v. Pawtucket Mutual Insurance

¶ 1. This is a declaratory judgment action concerning the level of underinsured motorist (UIM) coverage available to a single insured who is among the multiple injured persons with claims against the tortfeasor’s single-limit policy. The issue is whether, in such situations, Vermont law requires the liability limits of the tortfeasor’s policy to be compared to the per person or the per accident limits of the injured insured’s split-limit UM/UIM coverage. In its summary judgment ruling, the superior court concluded that because the tortfeasor’s policy was subject to multiple claims as the…