Lunsford v. Mills

The purpose of underinsured motorist (UIM) coverage in our state is to serve as a safeguard when tortfeasors’ liability policies do not provide sufficient recovery — that is, when the tortfeasors are “under insured.” This is simply not the case here. Plaintiff incurred damages amounting to $900,000. He brought suit jointly and severally against responsible tortfeasors whose total liability limits were $1,050,000. Those combined liability limits were more than sufficient to satisfy plaintiff’s damages and were more than twice as high as plaintiff’s $400,000 UIM limits. Not only does the…