Home Insurance Co. v. Maldonado

HORSEY, Justice:

This appeal presents the question of whether a motor vehicle tortfeasor who carries the minimum required third-party liability coverage nevertheless becomes liable by operation of law to the tort claimant’s carrier to the extent of its underin-sured coverage payments made to its insured.

Home Insurance Company (“Home”) appeals from a summary judgment Order of the Superior Court barring its subrogation claim against the third-party tortfeasor, Esteban Maldonado (“Maldonado”). The suit arises out of an action filed by Sylvester Jenifer and his wife (“the Jenifers”) against their…