Country Mutual Insurance v. Fonk

OPINION

THOMPSON, Presiding Judge

¶ 1 In this appeal, we consider whether a party injured in an accident with an underin-sured motorist is barred from collecting from her underinsured motorist insurance policy when the policy contains an exhaustion clause and she settles her claim with the tortfeasor for an amount that is less than his liability policy limits. We hold that the exhaustion clause is satisfied, and appellant’s claim is not barred, in such circumstances because the insured may recover underin-sured motorist benefits if the total damages sustained exceed the limits of the…