Clark v. Allstate Insurance Co.

OPINION

LANSING, Judge.

Allen Clark Jr., insured under two Allstate automobile policies issued to his father, seeks underinsured motorist coverage for injuries suffered as a pedestrian. Clark settled his negligence action against the driver of the vehicle, also insured by Allstate, and then brought this action to recover damages in excess of the driver’s residual liability limit. The trial court granted summary judgment, holding that the release executed by Clark in the negligence action did not bar the claim against Allstate for underinsured coverage and that the amount of coverage imposed for…