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PETERSON v. UTAH FARM BUREAU INS. CO.10/31/1996
. . of the vehicle in which . . . he received . . . injuries").
Despite the logic employed by the Torres court, decided under facts not dissimilar to those here at issue, Utah law does not support Peterson's position. Although an interpretation of the phrase "legally entitled to recover," as it appears in the UIM clause of Farm Bureau's insurance contract, as well as in the UIM provisions of Utah's Insurance Code, presents an issue of first impression in Utah, the Utah Supreme Court has previously addressed the meaning of "legally entitled to recover" in the context of uninsured motorist (UM) clauses.
In Lima v. Chambers, 657 P.2d 279 (Utah 1982), the Utah Supreme Court examined Utah Code Ann. § 41-12-21.1 (1953) (repealed 1985), which required automobile liability insurance policies to provide coverage " 'for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.' " Lima, 657 P.2d at 281 (quoting Utah Code Ann. § 41-12-21.1 (1953) (repealed 1985)). The court explained:
f an insured is injured by an uninsured motorist, the insured may recover damages from his own insurance company upon showing that he is "legally entitled" to recover those damages from the uninsured tortfeasor. This showing of legal entitlement typically entails a lawsuit against the uninsured tortfeasor to litigate the issues of liability and damages. A judgment favorable to the insured fixes the insurer's contractual duty to satisfy that judgment, within the policy limits.
Id. Similarly, in Lyon v. Hartford Accident & Indemnity Co., 25 Utah 2d 311, 480 P.2d 739 (1971), overruled on other grounds by Beck v. Farmers Insurance Exchange, 701 P.2d 795, 798 n. 1 (Utah 1985), the court interpreted the following language in an automobile insurance policy: " 'The company will pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle.' " Id., 480 P.2d at 745. The court concluded that the insurance company's "obligation to perform, under the express terms of its contract with the insured, did not arise until there was a legal determination of the liability of the uninsured motorist and the extent of damages sustained." Id. Thus, for an insured to satisfy the "legally entitled to recover" criterion, Utah law requires a viable claim that is able to be reduced to judgment in a court of law.
A recent Hawaii Supreme Court case, adopting the position taken in Lima, Lyon, and by an overwhelming majority of states, notes that " ith one exception, every court
that has decided the precise issue now before this court has concluded that uninsured motorist coverage is not available to a claimant whose tort action is barred by the 'exclusive remedy' provision of a workers' compensation statute." State Farm Mut. Auto. Ins. Co. v. Royston, 72 Haw. 338, 817 P.2d 118, 120 (1991) (original footnotes omitted); see also Wisman v. Rhodes & Shamblin Stone, Inc., 191 W. Va. 542, 447 S.E.2d 5, 8-9 (1994) (holding "employee who receives workers' compensation benefits for an injury that occurs within the course and scope of employment is not entitled to assert a claim for uninsured or underinsured motorist benefits"); see generally Allstate Ins. Co. v. Boynton, 486 So.2d 552 (Fla. 1986) (same, UM benefits); Williams v. Thomas, 187 Ga. App. 527, 370 S.E.2d 773 (same, UM benefits), cert. denied, 187 Ga. App. 527, 370 S.E.2d 773 (1988); Kough v. New Jersey Auto. Full Ins. Underwriting Ass'n, 237 N.J. Super. 460, 568 A.2d 127 (App. Div.) (same, UM benefits), cert. denied, 121 N.J. 638, 583 A.2d 331 (1990); Stuhlmiller v. Nodak Mut. Ins. Co., 475
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