Underinsured motorist insurance covers the insured who is injured by an automobile even if the insured is a pedestrian. However, the statutorily required underinsured motorist coverage is specifically limited to the “insured.” If a person is not the insured, there is no statutorily required underinsured motorist coverage.
In Berendes v. State Farm a pedestrian was struck and killed by an automobile. She was a rated and listed driver on an insurance policy which named her father as the insured and which covered an automobile owned by her father. She was not an insured under the statutory definition and therefore the statutorily mandated underinsured motorist coverage was unavailable to her heirs. Continue reading