Delgado v. American Family Insurance Group

OPINION

By the Court,

Hardesty, C.J.:

Appellant Dionicia Delgado was injured when the automobile in which she was a passenger collided with another automobile, allegedly as a result of the drivers’ concurrent negligence. In this appeal, we consider whether a passenger, such as Dionicia, may recover under the permissive driver’s insurance policy both liability benefits based on the policyholder’s negligence and underinsured motorist benefits based on the other driver’s underinsured status.

Here, a passenger made a claim against both at-fault drivers’ insurance policies and recovered the liability…