Lopez v. Allstate Insurance

Opinion

THAXTER, J.

Assume A is insured under an automobile liability policy with underinsured motorist coverage limits of $15,000 per person/$30,000 per occurrence. A is injured in a collision for which B is liable. B is insured under a policy with $15,000/$30,000 liability limits. Because other persons were also injured in the accident, the amount of benefits under B’s policy actually available to A is $7,500, which does not fully compensate A for his damages. Is A entitled to any underinsured motorist benefits from his own insurer? When the underinsured motorist coverage in A’s policy is set…