Commercial Union Insurance v. Burns

May a settlement incorporated in an agreement for judgment fix the damages for purposes of deciding whether — and how much — underinsured motorist insurance applies? On the peculiar facts of this case, we think the settlement did so fix the damages, and we affirm the judgment below.

While crossing a street on May 17, 1977, John T. Burns, Jr. (“John”), was hit by an automobile and injured. Phyllis *618Ring, the owner of the vehicle which struck John, carried bodily injury liability insurance to a limit of $50,000 per person. After bringing an action against the owner and driver2 of the car involved…