Section 6.29 Damages Recoverable

• Library: Insurance Practice 2015

The sum that an insured may recover is based on two things:

1. The amount of damages for bodily injury incurred in the accident

2. The language of the UIM coverage provisions; if these provisions are ambiguous, the reasonable expectations of the insured should be considered

The consuming public assumes that, when it buys UIM coverage, it buys coverage that will “fill in the gap” between the liability coverage provided by the tortfeasor and the amount of the insured’s damages, up to the limits of the UIM...