Sec. 38a-336. (Formerly Sec. 38-175c). Uninsured and underinsured motorist coverage.
Sec. 38a-336. (Formerly Sec. 38-175c). Uninsured and underinsured motorist
coverage. (a)(1) Each automobile liability insurance policy shall provide insurance,
herein called uninsured and underinsured motorist coverage, in accordance with the
regulations adopted pursuant to section 38a-334, with limits for bodily injury or death
not less than those specified in subsection (a) of section 14-112, for the protection of
persons insured thereunder who are legally entitled to recover damages from owners or
operators of uninsured motor vehicles and underinsured motor vehicles and insured
motor vehicles, the insurer of which becomes insolvent prior to payment of such damages, because of bodily injury, including death resulting therefrom. Each insurer licensed
to write automobile liability insurance in this state shall provide uninsured and underinsured motorists coverage with limits requested by any named insured upon payment of
the appropriate premium, provided each such insurer shall offer such coverage with
limits that are twice the limits of the bodily injury coverage of the policy issued to the
named insured. The insured's selection of uninsured and underinsured motorist coverage
shall apply to all subsequent renewals of coverage and to all policies or endorsements
which extend, change, supersede or replace an existing policy issued to the named insured, unless changed in writing by any named insured. No insurer shall be required to
provide uninsured and underinsured motorist coverage to (A) a named insured or relatives residing in his household when occupying, or struck as a pedestrian by, an uninsured
or underinsured motor vehicle or a motorcycle that is owned by the named insured, or
(B) any insured occupying an uninsured or underinsured motor vehicle or motorcycle
that is owned by such insured.
(2) Notwithstanding any provision of this section to the contrary, each automobile
liability insurance policy issued or renewed on and after January 1, 1994, shall provide
uninsured and underinsured motorist coverage with limits for bodily injury and death
equal to those purchased to protect against loss resulting from the liability imposed by
law unless any named insured requests in writing a lesser amount, but not less than the
limits specified in subsection (a) of section 14-112. Such written request shall apply to
all subsequent renewals of coverage and to all policies or endorsements which extend,
change, supersede or replace an existing policy issued to the named insured, unless
changed in writing by any named insured. No such written request for a lesser amount
shall be effective unless any named insured has signed an informed consent form which
shall contain: (A) An explanation of uninsured and underinsured motorist insurance
approved by the commissioner; (B) a list of uninsured and underinsured motorist coverage options available from the insurer; and (C) the premium cost for each of the coverage
options available from the insurer. Such informed consent form shall contain a heading
in twelve-point type and shall state: "WHEN YOU SIGN THIS FORM, YOU ARE
CHOOSING A REDUCED PREMIUM, BUT YOU ARE ALSO CHOOSING NOT
TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU
AND YOUR FAMILY. IF YOU ARE UNCERTAIN ABOUT HOW THIS DECISION
WILL AFFECT YOU, YOU SHOULD GET ADVICE FROM YOUR INSURANCE
AGENT OR ANOTHER QUALIFIED ADVISER."
(b) An insurance company shall be obligated to make payment to its insured up to
the limits of the policy's uninsured and underinsured motorist coverage after the limits
of liability under all bodily injury liability bonds or insurance policies applicable at the
time of the accident have been exhausted by payment of judgments or settlements, but
in no event shall the total amount of recovery from all policies, including any amount
recovered under the insured's uninsured and underinsured motorist coverage, exceed
the limits of the insured's uninsured and underinsured motorist coverage. In no event
shall there be any reduction of uninsured or underinsured motorist coverage limits or
benefits payable for amounts received by the insured for Social Security disability benefits paid or payable pursuant to the Social Security Act, 42 USC Section 301, et seq.
The limitation on the total amount of recovery from all policies shall not apply to underinsured motorist conversion coverage purchased pursuant to section 38a-336a.
(c) Each automobile liability insurance policy issued on or after October 1, 1971,
which contains a provision for binding arbitration shall include a provision for final
determination of insurance coverage in such arbitration proceeding. With respect to any
claim submitted to arbitration on or after October 1, 1983, the arbitration proceeding
shall be conducted by a single arbitrator if the amount in demand is forty thousand
dollars or less or by a panel of three arbitrators if the amount in demand is more than
forty thousand dollars.
(d) Regardless of the number of policies issued, vehicles or premiums shown on a
policy, premiums paid, persons covered, vehicles involved in an accident, or claims
made, in no event shall the limit of liability for uninsured and underinsured motorist
coverage applicable to two or more motor vehicles covered under the same or separate
policies be added together to determine the limit of liability for such coverage available
to an injured person or persons for any one accident. If a person insured for uninsured
and underinsured motorist coverage is an occupant of a nonowned vehicle covered by
a policy also providing uninsured and underinsured motorist coverage, the coverage of
the occupied vehicle shall be primary and any coverage for which such person is a named
insured shall be secondary. All other applicable policies shall be excess. The total amount
of uninsured and underinsured motorist coverage recoverable is limited to the highest
amount recoverable under the primary policy, the secondary policy or any one of the
excess policies. The amount paid under the excess policies shall be apportioned in accordance with the proportion that the limits of each excess policy bear to the total limits
of the excess policies. If any person insured for uninsured and underinsured motorist
coverage is an occupant of an owned vehicle, the uninsured and underinsured motorist
coverage afforded by the policy covering the vehicle occupied at the time of the accident
shall be the only uninsured and underinsured motorist coverage available.
(e) For the purposes of this section, an "underinsured motor vehicle" means a motor
vehicle with respect to which the sum of the limits of liability under all bodily injury
liability bonds and insurance policies applicable at the time of the accident is less than
the applicable limits of liability under the uninsured motorist portion of the policy against
which claim is made under subsection (b) of this section.
(f) Notwithstanding subsection (a) of section 31-284, an employee of a named insured injured while occupying a covered motor vehicle in the course of employment
shall be covered by such insured's otherwise applicable uninsured and underinsured
motorist coverage.
(g) (1) No insurance company doing business in this state may limit the time within
which any suit may be brought against it or any demand for arbitration on a claim may
be made on the uninsured or underinsured motorist provisions of an automobile liability
insurance policy to a period of less than three years from the date of accident, provided, in
the case of an underinsured motorist claim the insured may toll any applicable limitation
period (A) by notifying such insurer prior to the expiration of the applicable limitation
period, in writing, of any claim which the insured may have for underinsured motorist
benefits and (B) by commencing suit or demanding arbitration under the terms of the
policy not more than one hundred eighty days from the date of exhaustion of the limits
of liability under all automobile bodily injury liability bonds or automobile insurance
policies applicable at the time of the accident by settlements or final judgments after
any appeals.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, in the case
of an uninsured motorist claim, if the motor vehicle of a tortfeasor is an uninsured motor
vehicle because the automobile liability insurance company of such tortfeasor becomes
insolvent or denies coverage, no insurance company doing business in this state may
limit the time within which any suit may be brought against it or any demand for arbitration on a claim may be made on the uninsured motorist provisions of an automobile
liability insurance policy to a period of less than one year from the date of receipt by the
insured of written notice of such insolvency of, or denial of coverage by, such automobile
liability insurance company.
(1967, P.A. 510, S. 4; 1969, P.A. 202; 1971, P.A. 767; P.A. 79-235; P.A. 82-441, S. 20, 23; P.A. 83-267, S. 2; 83-461;
P.A. 85-7; P.A. 86-403, S. 79, 132; P.A. 90-243, S. 127; P.A. 93-77, S. 2, 4; 93-297, S. 1, 29; May 25 Sp. Sess. P.A. 94-1, S. 35, 36, 130; P.A. 98-189, S. 1, 2; P.A. 00-143.)
History: 1969 act added proviso re limited coverage of uninsured motorists requested by insured; 1971 act specified
that policies issued on or after October 1, 1971, which contain provision for binding arbitration shall provide for final
determination of insurance coverage in arbitration proceedings; P.A. 79-235 added coverage re "underinsured" vehicles
and added Subsec. (b), defining "underinsured motor vehicle" and detailing payments which insurance company is obligated
to make; P.A. 82-441 amended Subsec. (a) by adding "Such arbitration proceeding shall be conducted by a single arbitrator,"
effective July 1, 1983; P.A. 83-267 amended Subsec. (a) to provide for arbitration of any claim submitted on or after
October 1, 1983, by panel of three arbitrators if amount in demand exceeds $40,000; P.A. 83-461 amended Subsec. (a) to
provide that an insurer is not required to provide uninsured motorist coverage to a named insured or a resident relative
who is injured by an uninsured or underinsured motor vehicle owned by the named insured, or to any insured injured while
occupying an uninsured or underinsured motor vehicle owned by the insured and added Subdiv. (2) requiring uninsured
motorist coverage limits to be the same as those purchased to protect against loss resulting from the liability imposed by
law unless a different amount is requested in writing by the insured, on every policy issued or renewed on and after July
1, 1984; P.A. 85-7 amended Subsec. (a) to provide that no insurer is required to provide uninsured motorist coverage to
an insured occupying an uninsured or underinsured motorcycle owned by the insured, and to clarify the applicability of
written requests for less coverage; P.A. 86-403 made technical change in Subsec. (b); P.A. 90-243 added a reference to
"each automobile liability insurance policy", made technical changes for statutory consistency, deleted the numerical
Subsec. indicators and substituted alphabetical Subsecs. (b) to (d); Sec. 38-175c transferred to Sec. 38a-336 in 1991; P.A.
93-77 added new Subsec. (e) (designated as (g) by the Revisors because of the relettering of subsections by P.A. 93-297)
prohibiting an insurance company limiting the time for bringing suit or demanding arbitration on uninsured or underinsured
motorist provisions of a motor vehicle policy to a period of less than three years and specifying the manner in which an
insured may toll the limitation period in the case of an underinsured motorist claim, effective May 20, 1993; P.A. 93-297
replaced "uninsured motorist coverage" with "uninsured and underinsured motorist coverage" where appearing, amended
Subsec. (a)(1) to replace "the named insured" with "any named insured", replace the provision that an insurer is not required
to provide uninsured motorist coverage with limits in excess of the limits of the bodily injury coverage with provision that
requires each insurer to offer uninsured and underinsured motorist coverage with limits that are twice the limits of the
bodily injury coverage and add provision that the insured's selection of coverage applies to all subsequent renewals, policies
and endorsements unless changed in writing by any named insured, amended Subsec. (a)(2) to change the date from July
1, 1984, to January 1, 1994, replace "the insured" with "any named insured", add provision that a written request for a
lesser amount is not effective unless an informed consent form is signed and specify the contents of such form, amended
Subsec. (b) to provide that the limitation on the total amount of recovery from all policies does not apply to underinsured
motorist conversion coverage, inserted a new Subsec. (d) to prohibit the aggregation of the limits of liability, specify which
policy coverages are primary, secondary and excess and the total amount of recovery thereunder when a person is an
occupant of a nonowned vehicle and specify the availability of coverage when a person is an occupant of an owned vehicle,
relettered former Subsec. (d) as Subsec. (e) and added Subsec. (f) re coverage of a named insured injured in the course of
employment, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date; May 25 Sp.
Sess. P.A. 94-1 amended Subsecs. (a) and (g) by making technical changes, effective July 1, 1994; P.A. 98-189 amended
Subsec. (g) by designating existing provisions as Subdiv. (1) and making technical changes thereto and adding new Subdiv.
(2) to prohibit an insurance company limiting the time for bringing suit or demanding arbitration on an uninsured motorist
claim where the insurance company of the tortfeasor becomes insolvent or denies coverage to a period of less than one
year from the date the insured received notice of such insolvency or denial of coverage, effective October 1, 1998, and
applicable to insurance policies issued or renewed on or after January 1, 1999; P.A. 00-143 amended Subsec. (b) to add
provision prohibiting any reduction of uninsured or underinsured motorist coverage limits or benefits payable for amounts
received by the insured for Social Security disability benefits.
See uncodified P.A. 93-77, S. 3 re validation of certain uninsured and underinsured motorist claims pending on December
8, 1992, or brought after said date and prior to May 20, 1993 (Note: Said section 3 of public act 93-77 is special in nature
and therefore has not been codified but remains in full force and effect according to its terms).
Annotations to former section 38-175c:
Cited. 155 C. 279. Cited. 160 C. 280. Regulations under this statute make "other insurance" clauses in conflict with
the regulations. 161 C. 169. Cited (Diss. Op.). 165 C. 466, 474. "Uninsured" is not the same as "underinsured" and a court
will not torture words to import ambiguity where the ordinary meaning leaves no room for ambiguity. Id., 466, 471, 472.
"Uninsured motorist" does not include "unidentified motorists". 169 C. 502, 504, 505; overruled with respect to holding
an uninsured motorist coverage, see 219 C. 371 et seq. Cited. 171 C. 254. Every automobile policy is required to provide
uninsured motorist coverage in accordance with regulations adopted by insurance commissioner. Id., 443. Statute does
not require that uninsured motorist coverage be made available when insured has been otherwise protected. Id., 463. Cited.
Id. Cited. 172 C. 416; overruled with respect to holding an uninsured motorist coverage, see 219 C. 371. All issues relating
to coverage including notice provision are determined through arbitration. 181 C. 37. Underinsured motorist benefits
discussed. 187 C. 386 et seq. The exclusion in defendant's policy was invalid as against public policy underlying uninsured
motorist coverage. Uninsured motorist coverage discussed. 188 C. 245. Cited. 189 C. 16; Id., 449. Cited. 197 C. 26. Cited.
199 C. 618. Review of case law on "stacking" benefits and application thereof to passengers as distinguished from policy
holder and resident members of family. 201 C. 478. Cited. 202 C. 178. Cited. 203 C. 45; Id., 258. Cited. 205 C. 178. Cited.
211 C. 640. Cited. 212 C. 652. "Stacking" does not extend to fleet insurance contracts. 213 C. 525. Contains no mandate
that uninsured motorist coverage may not be reduced by previously paid workers' compensation benefits. Id., 532. Umbrella
insurance policy not an automobile liability policy within meaning of section. Id., 540. Cited. Id., 625. Cited. 214 C. 734.
Cited. 215 C. 399. Cited. 216 C. 390. Cited. 217 C. 631. Cited. 218 C. 54; Id., 646. Physical contact requirement discussed:
Weingarten v. Allstate Ins. Co. 169 C. 502 and Rosnick v. Aetna Casualty and Surety Co. 172 C. 502, overruled with respect
to holding an uninsured motorist coverage. 219 C. 371. Cited. Id., 391. Cited. 221 C. 185; Id., 206; Id., 779. Recovery of
punitive damages not allowed under uninsured motorist coverage. 222 C. 480. Personal excess policy (umbrella) not an
automobile liability policy within meaning of this section; policy not required to provide uninsured motorist coverage. Id.,
631. Cited. Id., 657. Cited. 224 C. 133; Id., 145; Id., 152. Cited. 225 C. 165; Id., 223. Defendant is limited to coverage
purchased on own vehicle. Id., 257. Cited. Id., 566. Cited. 236 C. 653.
Cited. 1 CA 219. Amendment to statute in Public Act 79-235, effective October 1, 1979, was not intended to be given
retroactive effect. 3 CA 697. Cited. 4 CA 137; Id., 339. Cited. 16 CA 209. Cited. 22 CA 27; judgment of appellate court
reversed, see 217 C. 631. Section is person rather than vehicle oriented. 24 CA 655. Cited. 25 CA 492; judgment reversed,
see 222 C. 744. Cited. 27 CA 573. Cited. 29 CA 484. Cited. 31 CA 781. Cited. 34 CA 863. Cited. 39 CA 429. Cited. 42
CA 225. P.A. 93-77, Sec. 2, 3 cited. Id.
Cited. 31 CS 229. Cited. 36 CS 256. Cited. 38 CS 318. Cited. 39 CS 90. Cited. 40 CS 156. Cited. 42 CS 336.
Subsec. (a):
Subdiv. (2): Does not provide statutory basis for payment limitation in policies. 211 C. 640. Subdiv. (2): Any reductions
in uninsured motorist coverage would require a request for such reduction after July 1, 1984. 215 C. 399. Subdiv. (1) cited.
218 C. 681. Subdiv. (2): Requires signature of all named insureds on a written request to reduce uninsured motorist coverage.
219 C. 764.
Cited. 3 CA 250. Subdiv. (1) cited. 14 CA 153; 23 CA 585. Subdiv. (2) cited. 38 CA 290; 45 CA 558.
Subsec. (b):
Subdiv. (1): Set-off provisions do not apply to payments under Sec. 30-102. 205 C. 178. Subdiv. (2): "Underinsured"
discussed. 213 C. 625. Subdiv. (1): Meaning of "exhaust" discussed. 214 C. 209. Subdiv. (1) cited. 215 C. 157. Subdiv.
(2) cited. Id. Cited. 224 C. 758.
Subdiv. (2) cited. 26 CA 793.
Subsec. (d):
Cited. 226 C. 427.
Annotations to present section:
Cited. 217 C. 631. Cited. 218 C. 51; Id., 646. Cited. 219 C. 391. Cited. 220 C. 30. Cited. 221 C. 185; Id., 206; Id.,
779. Recovery of punitive damages not allowed under uninsured motorist coverage. 222 C. 480. Personal excess policy
(umbrella) not an automobile liability policy within meaning of this section; policy not required to provide uninsured
motorist coverage. Id., 631. Cited. Id., 657. Cited. 222 C. 744; Id., 769. Uninsured motorist carrier may limit its ability by
taking credit for payment made by tortfeasor to insured. 223 C. 22. Cited. Id., 31. Cited. 224 C. 8; Id., 133; Id., 145; Id.,
152. Cited. 225 C. 165; Id., 223. Defendant limited to coverage purchased on own vehicle. Id., 257. Cited. Id., 566. Does
not require insurer to aggregate underinsured motorist coverage provided in policy covering two passenger vehicles if
insured paid single actuarial appropriate premium for coverage and policy expressly excludes stacking. 226 C. 427. Cited.
228 C. 909. Cited. 229 C. 359. Cited. 230 C. 795. Cited. 231 C. 938. P.A. 93-77 cited. Id. Cited. 233 C. 437. P.A. 93-77
and P.A. 93-77, Sec. 2 cited. Id. Cited. Id., 460. P.A. 93-77 and P.A. 93-77 Sec. 2 cited. Id. Cited. Id., 474. P.A. 93-77 and
P.A. 93-77, Sec. 2 cited. Id. Cited. 234 C. 182. Underinsured motorist coverage is not applicable if insured person's
uninsured motorist limits are equal to or less than the tortfeasor's liability limits; section does not violate equal protection
clauses of state and federal constitutions. 236 C. 299; Id., 318; Id., 653. Cited. 238 C. 285. Cited. 240 C. 799. Cited. 241
C. 792. Insurer is entitled pursuant to regulations adopted by insurance commissioner to offset available limits of uninsured
and underinsured motorist coverage by amount of social security disability benefits paid or payable to the insured; allowing
such offset does not conflict with basic intent of statute. 245 C. 169. Court adopted trial court's determination concerning
named insured coverage re underinsured motorist conversion coverage. Id., 546. Uninsured motorist coverage discussed.
Id., 727. In accordance with regulations adopted under Sec. 38a-334, insurer may exclude vehicles owned by self-insurers
from scope of underinsured motorist coverage and such reading does not contravene purpose of the underinsured motorist
statute. 248 C. 195. Court found that tortfeasor's vehicle was not underinsured within meaning of the statute in case where
tortfeasor had a one-hundred-thousand-dollar single limit liability policy and plaintiff had a one-hundred-thousand-dollar
per person and three-hundred-thousand-dollar per accident split limit underinsured motorist policy. 252 C. 79. Policy
exclusion of government-owned vehicles was authorized pursuant to Regulations of Connecticut State Agencies section
38a-334-6(c)(2)(C) and exclusion did not conflict with public policies embodied in uninsured motorist statute. 278 C. 794.
Section's mandate that, as a general matter, uninsured motorist coverage shall be portable, was intended to apply to ordinary,
personal use vehicles, and not to antique vehicles maintained solely for use in exhibitions, club activities, parades or other
functions of public interest. 279 C. 808.
Section is person rather than vehicle oriented. 24 CA 655. Cited. 25 CA 492; judgment reversed, see 222 C. 744. Subdiv.
(1) cited. 29 CA 484. Cited. 26 CA 793. Cited. 28 CA 145. Cited. 29 CA 484. Cited. 31 CA 132; Id., 781. Cited. 32 CA
617; judgment reversed, see 230 C. 795. Cited. 33 CA 626. Cited. 34 CA 27; Id., 40; Id., 444; Id., 833; Id., 863. Cited. 35
CA 338; Id., 638. Cited. 36 CA 141. P.A. 93-77 cited. Id. Cited. 38 CA 290. Cited. 39 CA 429. Cited. 40 CA 294. Cited.
41 CA 625. Cited. 42 CA 225. P.A. 93-77, Sec. 2, 3 cited. Id. Cited. 44 CA 1; Id., 377. Cited. 45 CA 554. P.A. 93-77, Sec.
2 cited. Id. Cited. 46 CA 313. In absence of evidence that the amendment to this statute in P.A. 93-297 was intended to
clarify existing law, new requirements may not be applied retroactively. 50 CA 701. "Requests in writing a lesser amount"
is unambiguous and therefore a review of legislative history is unnecessary. Id. Arbitration panel has jurisdiction to consider
provisions of the guaranty act as necessary to arbitrate defendant's uninsured motorist claim. 52 CA 212. If contract of
insurance contains an arbitration provision, arbitration of coverage issue is mandatory. Id. Exhaustion of benefits must be
demonstrated by legal determination and cannot be decided by claimant on the basis of his understanding of the policy.
69 CA 330. Self-insured municipal employer not required to create a writing to give notice of its intention to reduce the
amount of its uninsured motorist coverage by the amount of workers'compensation benefits paid to plaintiff employee
because the self-insured municipality functions as both insurer and insured. 82 CA 752.
Cited. 42 CS 336. Cited. 43 CS 147. Cited. 44 CS 59. Judicial review limited to whether arbitrator's award conforms
to the submission. For statute to allow a policy exclusion, there must be substantial congruence between the statutory and
the policy provision. 45 CS 144.
Subsec. (a):
Subdiv. (1) cited. 218 C. 681. Subdiv. (2): Requires signature of all named insureds on a written request to reduce
uninsured motorist coverage. 219 C. 764. Subdiv. (2): Section neither mandates nor prohibits stacking; depends on reasonable expectation of parties. 226 C. 427. Subdiv. (2) cited re amendment in P.A. 93-297 that informed consent form be
signed by "any named insured" rather than "the named insured". Held: amendment was not retroactive, appellate court
decision overturned; and appellate decision correct that Nationwide Mutual Ins. Co. v. Pasion inapplicable to these facts.
245 C. 710. Subdiv. (2) discussed: legislature did not intend to require written consent of all named insureds on a commercial
fleet policy as prerequisite to a reduction in coverage. Id., 727. Twelve-point type requirement in Subdiv. (2) not required
for commercial fleet policies. 277 C. 398.
Cited. 34 CA 679. Subdiv. (1) cited. 44 CA 53. Subdiv. (2) cited. 45 CA 558; 46 CA 313. Statute imposes no duty on
lessor or lessor's insurer to procure insurance for benefit of lessee because obligation to procure insurance rests on owner
and lessee is owner when vehicle is subject of long-term lease granting lessee an option to purchase. 59 CA 47. Because
motorcycle is a covered vehicle, plaintiff has rightful claim for underinsured motorist coverage. 63 CA 815. Parity is
required between liability and underinsured motorist coverage. Id. It is not mandated that the amount of coverage be
provided. Id. Statutory requirements concerning provisions in consent form for premiums for each of coverage options
available from insurer not required in the context of commercial fleet insurance. 79 CA 800.
Subsec. (b):
Cited. 224 C. 758; Id., 766. Terms of policy and statute required reduction of judgment; judgment of appellate court
in Bennett v. Automobile Ins. Co. of Hartford, 32 CA 617 reversed. 230 C. 795. Cited. 234 C. 807. Court concluded "...
equitable subrogation is not the equivalent of a personal injury action", overruled Berlinsky v. Ovelette, 164 C. 482 which
invalidated subrogation actions by providers of uninsured motorist benefits. 236 C. 362, 365. Re a claim for uninsured
motorist benefits, the statute of limitations in Sec. 52-576 does not begin to run until plaintiff knew or should have known
the tortfeasor was uninsured and in this case plaintiff could not have known the tortfeasor was uninsured until she received
answers to her interrogatories which thereby put her on notice there was no insurance coverage for the accident. 255 C. 601.
Cited. 27 CA 573. In action for underinsured motorist benefits, since jury verdict was less than amount insured had
already recovered from tortfeasor, insured not entitled to recover any additional damages because to do so would result in
impermissible double recovery. 49 CA 306. Exhaustion by payment of an uncertified check occurs when such check is
honored and paid on presentment which terminates its conditional nature and it becomes absolute payment, date of payment
relating back to date of delivery of the check. 67 CA 753. In a multiple tortfeasor context, injured party not precluded as
matter of law from recovering under uninsured motorist policy where she had settled with one tortfeasor for an amount
greater than the uninsured motorist coverage against which she is claiming. 72 CA 588. Subsec. imposes cap on amount
recoverable under an uninsured motorist claim. 84 CA 236. Plaintiff's ability to recover against insurer is affected not by
any issue of apportionment, but by terms of plaintiff's policy. Id., 594.
Subsec. (c):
Cited. 224 C. 758. Cited. 234 C. 817. Choice of law issue is not an issue of coverage subject to compulsory arbitration
pursuant to statute and de novo review; trial court properly determined that arbitration award was not subject to de novo
review; in cases in which issue before the arbitrators is a choice of law issue, when the substantive laws of respective states
deal with claimant's right to recover damages from the uninsured motorist or the measure of such damages rather than
recovery of damages from an insurer, the choice of law issue is a damages issue, even though the choice of law may affect
the amount of damages awarded to claimant and, ultimately, the amount recovered from the insurer. 256 C. 225.
Cited. 30 CA 729; Id., 803. Cited. 32 CA 190.
Cited. 44 CS 499.
Subsec. (d):
Cited. 224 C. 766. Cited. 233 C. 910. Cited. 234 C. 807.
Cited. 27 CA 573. Cited. 36 CA 623. Held to be inapplicable to gap policies and could not be applied to frustrate
insurance company's stacking terms in relevant policies. 61 CA 336.
Subsec. (e):
P.A. 93-77 Sec. 2(e) cited. 233 C. 460; Id., 474. Cited. 234 C. 807.
Cited. 44 CS 499.
Subsec. (f):
Benefits of uninsured motorist coverage extend to all employees regardless of status of their employer as self-insurer
or as purchaser of commercial insurance policy. 243 C. 677. Employee injured in course of his employment while occupying
a motor vehicle owned by employer entitled to uninsured motorist benefits from his self-insured employer. Id., 687.
Employee not barred from recovering uninsured motorist coverage benefits against employer's insurer in regard to
motor vehicle accident occurring prior to effective date of P.A. 93-297. 44 CA 1. P.A. 93-297, Sec. 1(f) cited. Id. Court
properly construed subsec. as limiting underinsured motorist coverage to those employees of a named insured who are
injured while "occupying" a covered motor vehicle. 87 CA 416. Court properly determined that the exception to workers'
compensation exclusivity rule provided by subsec. does not apply to plaintiff because he was not occupying a covered
motor vehicle within meaning of statute. Id.
Subsec. (g):
Cited. 42 CA 225. Legislature, in enacting Sec. 2 of P.A. 93-77, did not effect substitution of a three-year statute of
limitation in plaintiff's automobile policy that contained the then recently prohibited two-year limitation for filing a claim
for underinsured motorists benefits. 61 CA 806. Tolling provisions of Subdiv. (1) apply to insurance policy that expressly
includes limitation provision of three years. 76 CA 329. Under plain language of statute, in order to toll applicable limitation
period under Subdiv. (1), insured must inform insurer not merely that insured is pursuing a claim, but that insured is
pursuing a claim for underinsured motorist benefits; thus, trial court properly interpreted statute and correctly concluded
that plaintiff's notice of "any potential claim" was insufficient to satisfy notice requirement of statute. 90 CA 557.