This case stands for the proposition that an injured person's underinsurance coverage is not available where the wrong-doers policy provides equal potential coverage.
B.F. caused an automobile accident that injured D.G. Fireman’s Fund Insurance Company insured B.F. with a policy that covered liability arising out of the use of his automobile with combined single limits in the amount of $100,000.00 for all bodily injury and property damage caused by the accident. E. Insurance Co. insured D.G. and provided uninsured motorist benefits of $100,000.00 for all damages from bodily injury sustained in an accident. Fireman Insurance Co. paid D.G. the policy limits of $100,000.00 for his bodily injury and property damage. The breakdown was $78,000.00 for bodily injury and $22,000.00 for property damage. D.G. then made a claim against his insurance company (E. Insurance) under the underinsured motorist provision for the difference between the $78,000.00 he received for bodily injury from Fireman's Fund and E. Insurance $100,000.00 underinsured policy limit. E. Insurance denied the claim and received a declaratory judgment in its favor. The Judgment was affirmed on appeal by the California Court of Appeal for the 3rd District.
SUMMARY:
UNDERINSURED COVERAGE PROVISION OF ONES AUTOMOBILE LIABILITY POLICY IS NOT TRIGGERED UNTIL THE FULL POLICY LIMIT IS PAID BY THE INSURANCE COMPANY OF THE PERSON AT FAULT, AND THE PERSON MAKING THE CLAIM UNDER THE UNDERINSURED MOTORIST PROVISION OF THEIR OWN POLICY HAS A HIGHER POLICY LIMIT THAN THE TORTFEASOR'S POLICY.
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