Manning v. Fireman's Fund American Insurance

The issue presented in this case is whether, under a standard Massachusetts automobile insurance policy providing underinsured motorist coverage, an automobile accident victim may recover underinsured motorist benefits under the tortfeasor’s policy, where the victim has already recovered the limit of benefits available under the tortfeasor’s bodily injury coverage, as well as under the victim’s own underinsured motorist coverage. In October, 1982, the plaintiff, an accident victim, commenced this action for declaratory relief pursuant to G. L. c. 231 A, seeking a favorable interpretation of…