Allstate Insurance Co. v. Williams

GODERICH, Judge.

The defendant, Allstate Insurance Company [Allstate], appeals from an adverse final judgment. We reverse.

While riding as a passenger in her father’s automobile, Alyson M. Williams, was injured in an accident. She filed suit against the other driver and her father’s underinsured/uninsured motorist [UM] carrier alleging negligence and seeking damages. Allstate answered the complaint denying that the other driver was underin-sured and asserting various affirmative defenses, including comparative negligence for failure to wear her seat belt and setoff for benefits received from…