Bergmann v. Hutton

*599GILLETTE, J.

In this automobile insurance case, the issue is whether an insurer is entitled to offset the amount that an injured insured received in workers’ compensation benefits against the amount that the insurer otherwise would have been obligated to pay to the insured under the insured’s underinsured motorist (UIM) coverage in a policy issued by the defendant insurer. The issue arose when plaintiff1 submitted a claim under the UIM coverage. Defendant responded that the policy entitled it to offset the workers’ compensation payments that plaintiff had received and that, in the offset,…