Superior Insurance v. Hunter

In this appeal, we consider whether the underinsured motorist provision of a tortfeasor’s automobile liability insurance policy is available to satisfy claims of passengers in the tortfeasor’s vehicle who are insured under the same policy and whose claims for damages exceed the limits of the policy’s liability coverage.

The pertinent facts were stipulated. On January 10, 1997, appellees Percell Hunter and his daughter Lekedra D. Hunter, plaintiff’s below, were passengers in a vehicle owned by Percell Hunter and driven by his wife, Eva L. Hunter. The vehicle collided with a vehicle driven by…