Truck Insurance Exchange v. Rutherford

On Direct Appeal

Justice Himonas,

opinion of the Court:

INTRODUCTION

¶ 1 Danny Rutherford suffered extensive injuries when the work van he was driving was hit by a vehicle that had run a red light. Mr. Rutherford sought compensation from both his employer’s workers’ compensation insurer and Truck Insurance Exchange (TIE), which provides Mr. Rutherford’s employer with underinsured motorist coverage. Mr. Rutherford seeks double recovery, arguing that Utah Code section 31A-22-805.3(4)(c)(iii)—which states that underin-sured motorist coverage “may not be reduced by benefits provided by workers’…