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Truck Ins. Exch. v. Rutherford 2017 UT 25 (Apr. 27, 2017)

Apr 27, 2017

The court reconciled two seemingly conflicting provisions of Utah’s underinsured motorist coverage statute: one saying that underinsured motorist coverage is “secondary to the benefits provided by” workers’ compensation; and the other saying that underinsured motorist coverage “may not be reduced by benefits provided by workers’ compensation insurance.”  The court held that under these provisions the UIM insurer was required to fully compensate the injured driver within its policy limits, but only for damages in excess of what workers’ compensation paid, so as to avoid an inappropriate double recovery.