Hull v. Heritage Mutual Insurance

Heritage Mutual Insurance Company appeals from a judgment which ordered the company to pay William Hull $50,000 in underinsured motorist (UIM) benefits for injuries Hull sustained when the vehicle he was driving lost a rear wheel and overturned. Heritage contends that Hull voided his claim for UIM benefits when he settled with American Racing Equipment, Inc. (the manufacturer of the wheel) and Wheel and Tire Shop, Inc. (the retailer) without notifying Heritage. Because we conclude that under its UIM policy language Heritage has no subro-gation rights against any potential tortfeasor who is…