Day v. Allstate Insurance

[¶ 1] Frank and Mary Day appeal from a summary judgment entered in the Superior Court (Piscataquis County, Mead, J.) contending that the court erred when it held that William McLaughlin was not an underin-sured operator pursuant to 24-A M.R.S.A. § 2902 (1990 & Supp.1998). 1 We disagree and affirm the judgment.

[¶ 2] The Days suffered serious injuries when their car was struck by a truck driven by McLaughlin. McLaughlin died in the accident, and his wife, a passenger in his truck, was injured. York Mutual Insurance Group (York) insured McLaughlin pursuant to a combined single limit policy of…