Stanhope v. Lumbermens Mutual Insurance Co.

                                         ENTRY ORDER

                      SUPREME COURT DOCKET NO. 89-559

                              JUNE TERM, 1990


Timothy Stanhope                  }          APPEALED FROM:
                                  }
                                  }
     v.                           }          Franklin Superior Court
                                  }
                                  }
Lumbermens Mutual Insurance Co.   }
                                  }          DOCKET NO. S360-88Fc


             In the above entitled cause the Clerk will enter:

     Plaintiff was injured in a one car accident in which he was a
passenger.  The driver was the named insured in an automobile insurance
policy issued by defendant.  The policy limited coverage to $20,000 for a
named insured's liability and $20,000 for uninsured motorists' liability.
The defendant paid plaintiff $20,000 to settle the liability claim against
the driver (its insured).

     Alleging that his damages exceeded $20,000, plaintiff claimed an
additional $20,000 from defendant under the policy's uninsured
(underinsured) coverage.  Defendant declined to honor the claim and this
suit followed.  Summary judgment was entered in favor of defendant and
plaintiff appealed.

     The outcome of this case is dictated by the plain meaning of 23 V.S.A.
{ 941(f), which states:

          . . . a motor vehicle is underinsured to the extent that
          its personal injury limits of liability at the time of
          the accident are less than the limits of uninsured
          motorists coverage applicable to any injured party
          legally entitled to recover damages under said uninsured
          motorist coverage.

     Since the policy limit for personal injury liability ($20,000) was not
"less than the limit[] of uninsured motorists coverage" ($20,000), the motor
vehicle in question was not underinsured.  Brunet v. American Ins. Co., 660 F. Supp. 843 (D. Vt. 1987).

     Affirmed.




                                   BY THE COURT:




                                   Frederic W. Allen, Chief Justice


                                   Louis P. Peck, Associate Justice


[ ]  Publish                       Ernest W. Gibson III, Associate Justice

[ ]  Do Not Publish
                                   John A. Dooley, Associate Justice


                                   James L. Morse, Associate Justice