Heroux v. Shelby Mutual Insurance Co. of Shelby

While driving his moped on August 10, 1981, the plaintiff insured collided with an automobile. He settled his bodily injury claim for the limit provided under the insurance contract between the operator of the automobile and the operator’s insurer. The plaintiff then submitted a claim to his insurer, the defendant, under that part of the policy entitled “Bodily Injury Caused by an Underinsured Auto.” The policy excludes underinsured coverage for “anyone injured while occupying an auto owned or regularly used by [the insured] or a household member unless a premium charge for this Part is shown…