 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Derosier v. Pawtucket Mutual Insurance Co.1/31/2003
. Howard E. Van his is a declaratory judgment action concerning the level of underinsured motorist (UIM) coverage available to a single insured who is among the multiple injured persons with claims against the tortfeasor's single-limit policy. The issue is whether, in such situations, Vermont law requires the liability limits of the tortfeasor's policy to be compared to the per person or the per accident limits of the injured insured's split-limit UM/UIM coverage. In its summary judgment ruling, the superior court concluded that because the tortfeasor's policy was subject to multiple claims as the result of the accident, the liability limits of the tortfeasor's policy had to be compared with the per accident, not the per person, liability limits of the injured insured's UM/UIM coverage to determine whether the tortfeasor was underinsured. We reverse.
. On July 29, 1999, plaintiff Ronald Derosier and two other passengers, Teresa Paul and her son Adam Corbett, were injured in a single-car accident caused by the driver's negligence. As the result of the accident, Ms. Paul incurred medical bills in excess of $80,000, and plaintiff incurred medical bills in excess of $10,000. The driver/tortfeasor's vehicle was insured under a policy with Champlain Casualty Company of Vermont. The policy carried a liability limit of $60,000 per accident, notwithstanding the number of claimants.
. Champlain Casualty agreed to pay the entire amount to the injured claimants according to a distribution agreement to be fashioned by them. The parties arrived at a tentative agreement, whereby Ms. Paul would accept $59,000 to settle her claims, while plaintiff would accept the other $1000 and pursue an additional recovery from defendant Pawtucket Mutual Insurance Company, which had issued an automobile insurance policy to plaintiff's mother. The Pawtucket policy provided UM/UIM coverage up to $50,000 for each person making a claim under the policy with respect to a single accident, and up to $100,000 for all claims made by more than one person injured in a single accident.
. Pawtucket Mutual declined to provide UIM coverage to plaintiff on the grounds that the tortfeasor's vehicle was not underinsured, given that the $60,000 liability limit in the tortfeasor's policy was greater than the $50,000 per person limit on UIM coverage in the Pawtucket policy. Plaintiff brought the instant declaratory judgment action and filed a motion for summary judgment. The superior court granted plaintiff's motion, ruling that the tortfeasor's vehicle was underinsured because, in a multiple-victim accident, the per accident limits of the tortfeasor's and the insured's policies must be compared.
. On appeal, Pawtucket Mutual argues that the superior court's ruling contravenes the terms of the Pawtucket policy and Vermont law. Plaintiff responds by asking this Court to reject an "apples to oranges" comparison between the per person limit in the Pawtucket policy and the per accident limit in the tortfeasor's policy.
. We conclude that, under the plain language of 23 V.S.A. ยง 941(f) and the unambiguous terms of the Pawtucket policy, the tortfeasor's vehicle was not underinsured, and thus plaintiff was not entitled to UIM coverage under the Pawtucket policy. Section 941(f) provides that a motor vehicle is underinsured to the extent that its personal injury limits of liability at the time of an accident are less than the limits of uninsured motorists coverage applicable to any injured party legally entitled to recover damages under said uninsured motorist coverage.
. The "personal injury limits of liability" in the tortfeasor's policy are $60,000 per accident, irrespective of the number
Page 1 2 3 Vermont Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|