Benton v. Hanford

STROUD, Judge.

This case presents two issues to this Court: (1) whether a tortfeasor’s underinsured motorist (“UIM”) insurance policy which covers a person occupying the tortfeasor’s vehicle may be stacked with the injured party’s separate UIM policy in order to determine the total UIM coverage available to the injured party, and (2) how the credit for the applicable liability coverage should be divided between the tortfeasor’s insurer and the injured party’s insurer. For the reasons which follow, we affirm the trial court.

I. Background

On 27 October 2005 plaintiff Benton was a passenger in a…