Otero v. Commercial Union Insurance Co.

SCHWARTZ, Chief Judge.

On March 23, 1983, the plaintiff Otero was a passenger in a vehicle operated by her adult sister, Gladys Vidiella, when she was seriously injured in a one-car accident caused by the driver’s negligence. Since the vehicle owned by Vidiella was under repair, the car she was driving was a borrowed replacement which was concededly covered by her personal Commercial Union Insurance Company policy. It had limits of $10,000 in liability coverage and $50,000 in uninsured motorist protection. Otero suffered damages in the accident which exceeded $50,000 and made a claim on Com*687merc…