Fireman's Insurance v. State Farm Mutual Automobile Insurance

I dissent and would affirm the opinion of the trial court.

I

Mutual Exclusivity of Underinsured and Uninsured Motorist Coverage

Neither the Majority Opinion nor the Appellant cites any contractual or statutory provision which specifically provides that underinsured and uninsured motorist coverage are mutually exclusive. On the contrary, this conclusion is reached by the Majority by interpreting the definition of underinsured motorist coverage as found in the statute on the date of this incident.1 The Majority reasons that in the majority of cases, an at fault driver will not satisfy both the…