Deptula v. Horace Mann Insurance

BERGER, Justice.

In this appeal, we consider whether a claimant may recover under two under-insured motorist policies if one of those policies establishes that the tortfeasor’s automobile is an “underinsured motor vehicle,” as defined by statute. To qualify as an underinsured motor vehicle, the limits of bodily injury coverage available to the tortfeasor must be less than the limits provided by the claimant’s underinsured motorist (UIM) coverage. In Colonial Ins. Co. of Wisconsin v. Ayers, 1 this Court addressed the threshold question of whether a claimant may stack the coverage provided by…