Meier v. McCord

MILLER, Chief Justice.

[¶ 1.] In this appeal we hold that the release of a tortfeasor does not preclude an injured party from pursuing underin-sured benefits from its insurance carrier. We also hold that the trial court abused its discretion in refusing to set aside a default judgment.

FACTS

[¶ 2.] On November 21, 1998, Anthony McCord failed to stop at a flashing red light and collided with another vehicle. Chad Meier, his passenger, was injured. It is undisputed that McCord’s negligence was the sole cause of the accident. Therefore, liability was not disputed. The parties do dispute the amount…