An insured cannot recover both underinsured and uninsured benefits from the same policy as 18 Del. C. 3902 includes an underinsured motorist within the definition of “uninsured.”

The insured was injured in a three-car accident. One of the vehicles was underinsured, while the other was uninsured. State Farm tendered the $100,000 UM/UIM policy limit to satisfy the insured’s claim against the uninsured motorist. The insured demanded additional benefits to satisfy its claim against the underinsured motorist. State Farm moved for summary judgment. The court granted the motion, holding that the insured exhausted his coverage because the policy limited UM/UIM coverage to $100,000 and 18 Del. C. 3902 includes underinsured coverage within the definition of uninsured.

_{Case Law Alerts, 2^nd Quarter, April 2018}

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