Truck Insurance Exchange v. RutherfordAnnotate this Case
The Supreme Court held that, under Utah Code 31A-22-305.3, a underinsured motorist (UIM) insurer must fully compensate its insured within its policy limits but only for damages in excess of what was paid by workers’ compensation so as to avoid an inappropriate double recovery. Danny Rutherford, who was injured when the work van he was driving was hit by another vehicle, sought double recovery from his employer’s workers’ compensation insurer and Truck Insurance Exchange, which provided Rutherford’s employer with underinsured motorist coverage. The district court granted summary judgment for Rutherford. In light of its holding, the Supreme Court reversed.