Deyette v. Liberty Mutual Insurance

Liberty Mutual Insurance Company, the defendant in the declaratory judgment action below, appeals from an order of the Superior Court (Smukler, J.). The plaintiffs, Tracey and Gregory Deyette, had petitioned the trial court to determine the extent of underinsured motorist benefits available to the injured insured, Tracey Deyette. On appeal, the defendant argues that the trial court erred in prohibiting it from reducing benefit payments to the *561plaintiffs by the amount they received from the tortfeasor motorist and requiring it to pay attorney’s fees and costs. We reverse.

The trial court found…