The intoxicated driver who caused the accident which killed a man had insurance coverage of $15,000. The intoxicated driver’s employer had $250,000 coverage. The decedent’s widow collected that $265,000 in a settlement. Thereafter, the widow sought to collect $100,000 in underinsured motorist coverage under a motorcycle insurance policy issued to the decedent and the widow. The trial court concluded the carrier was not required to pay under the underinsured motorist provision of the motorcycle policy, and the widow appealed. In affirming the trial court’s grant of summary judgment in favor of the carrier, the appellate court noted the motorcycle policy allows the carrier to deduct from the underinsured motorist coverage limits “the amount paid to the insured by or for any person or organization that may be held legally liable for the injury,” and the carrier properly made the deduction. (Elliott v. Geico Indemnity Co. (Cal. App. Third Dist.; November 19, 2014) 231 Cal.App.4th 789, [180 Cal.Rptr.3d 331].)
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