Thurman v. State Farm Mutual Automobile Insurance

Adams, Judge.

One way that Georgia uninsured/underinsured motorist (UM) coverage applies is when the tortfeasor’s available liability coverage is less than the victim’s total available UM coverage — to that extent, the tortfeasor is underinsured. In this case, the tortfeasor’s liability coverage exceeded the victim’s total UM coverage. But the victim’s recovery from the tortfeasor’s liability coverage was reduced by certain subrogation claims, so that the victim’s actual recovery was less than her total UM coverage. The issue before us is whether the victim’s UM coverage should cover the…