Dugas v. Lumbermens Mutual Casualty Co.

The principal issue in this appeal is whether, in calculating the amount due an insured from uninsured motorist coverage, the insurer may deduct the entire amount of reparations benefits previously paid to the insured, or whether the deduction for previously paid reparations benefits must be reduced to reflect the insurer’s contribution to attorney’s fees incurred by the insured in effecting a recovery from the tortfeasor. The trial court concluded that the carrier was required to contribute to the insured’s legal fees. The Appellate Court affirmed the trial court’s judgment. We now reverse.

Th…