Murphy v. Safety Insurance

We transferred this case to this court on our own motion to decide whether Safety Insurance Company (Safety) is obligated to pay underinsurance benefits under its automobile liability policy that covered the plaintiff’s minor son, James Murphy, who was seriously injured in a motor vehicle accident. The dispositive issue is whether the tortfeasor’s excess liability policy Unfits should be counted in determining whether the tortfeasor’s vehicle was underinsured. A judge in the Superior *518Court, on cross motions for summary judgment, ruled that the limits of the tortfeasor’s excess liability…