High Court: Underinsured Motorist Exclusion Hinges on Availability of Comp Benefits

A district court erred in concluding that statutory limitations on underinsured motorist insurance that excludes coverage for benefits available through workers' compensation applied without regard to whether the benefits were available for a specific claimant, the Utah Supreme Court ruled. "The better reading of the statute, in light of what motivates the statutory schemes, is that by excluding benefits that are 'paid or payable,' the Legislature intended that a claimant who wants to seek the type of benefits workers’ compensation provides attempt[s] to recover from wo...