Coughlin v. Government Employees Insurance Co.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Colleen Coughlin received a $10,000 payment for medical expenses for injuries she sustained in a two-car accident. Her insurance company, by terms of the insurance policy, acquired a lien on any recovery Coughlin obtained from the other driver. Coughlin settled with the other driver's insurance company for $40,000 and assumption of responsibility for payment of the $10,000 for medical coverage. Coughlin asserted she had exhausted the $50,000 facial limit of the other driver's policy and that she could therefore draw upon her own underinsured motorist…