Section 6.28 Legally Entitled to Recover

• Library: Insurance Practice 2015

Most policies have a standard clause that defines the scope of the UIM coverage and the point at which UIM coverage is a viable recovery. This provision varies from policy to policy and will change within a company from time to time. Only a careful reading of the applicable policy will provide counsel with the answer to “who is insured?”

Some examples of the policy language are:

We will pay damages which an “insured” is legally entitled to recover from the owner or operator of an “underinsured motor vehicle” because of “bodily injury;” . . . “Underinsured motor vehicle” means a . . . vehicle...