Rucker v. National General Insurance Co.

ANDREASEN, Justice.

This appeal deals with the developing area of underinsured motorist coverage. Here, we must decide if an insured can be required to fully exhaust the policy limits of the tortfeasor’s liability carrier as a precondition to claiming and receiving underin-sured motorist benefits. If the insured is permitted to make settlement with the tort-feasor’s liability carrier for less than the full policy limits, we must then determine the effect of this settlement upon the damages recoverable under the underinsured motorist policy provisions.

I. On June 4, 1986, Herbert F. Rucker was…