Guarino v. Allstate Prop. & Cas. Ins. Co.

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Plaintiff, the administratrix of the estate of Georgette Dufresne, settled actions against two motorists whose negligence Plaintiff alleged caused Dufresne’s death. Plaintiff brought this action against Allstate Property and Casualty Insurance Company, Dufresne’s underinsured motorist carrier, alleging that she was entitled to recover underinsured motorist benefits under Dufresne’s policy. Allstate moved for summary judgment, asserting that Plaintiff was not entitled to underinsured motorist benefits because she had received payments from her settlements in an amount that exceeded Dufresne’s policy limit. The trial court agreed with Allstate and rendered judgment in its favor. The Supreme Court affirmed, holding that “an underinsured motorist carrier is entitled to judgment as a matter of law when all alleged tortfeasors settle the insured’s claims against them for the injuries giving rise to the underinsured motorist claim in an aggregate sum in excess of the policy limits.” View "Guarino v. Allstate Prop. & Cas. Ins. Co." on Justia Law