Kelly's dissent counters: "Where the Legislature said that a contract may not limit a tortfeasor
's liability, the court heard that a contract may not limit the victim's right to be made whole.
"Our position was that the injured party should be free to accept a partial satisfaction of her claim from the initial tortfeasor
, and thereafter to pursue her claim against other tortfeasors
until she actually receives 'one full satisfaction,'" stated Meredith, of Iliff, Meredith, Wildberger & Brennan P.C.
But the defendant did not explain why a rule of interpretation for insurance policies should inform the applicability of negligence per se where the tortfeasor
has an intent to act, not to cause a certain result.
The defendant employer argued that she had no claim under 75B of the workers' comp statute, which prohibits an employer from retaliating against its employee for exercising a right "afforded" by the statute, because the right to sue a tortfeasor
is a common-law right, not one created by Chapter 152.
An insurance company that paid its limits to Baskin's client discovered its subrogation claim was extinguished because Baskin also had settled with the tortfeasor
. Baskin ultimately paid the insurer in full from his own pocket, according to an agreed statement of facts.
The Shugarts submit that instead it is the tender of the tortfeasor
's underlying policy limits, not the accident itself, that triggers the notice provision in the UIM policy.
type of insurance that would indemnify purchasers for injuries caused by negligent uninsured motorists." (94) In doing so, UM coverage allows "a person injured by an uninsured motorist [to] be compensated by her own insurer in an amount equal to what the uninsured tortfeasor
's liability insurer would have paid if the tortfeasor
had carried liability insurance." (95)
's right to collect from joint tortfeasors
collateral source obtains reimbursement from the tortfeasor
Generally speaking, three separate principles emerge from the court's review of case law: (1) underinsured-motorist coverage should place the insured in the same position he or she would have occupied if the tortfeasor
had carried insurance in the same amount as the insured; (2) underinsured-motorist coverage exists to fill the gap between the amount received from the tortfeasor
's insurance and the amount of the insured's underinsured-motorist policy limit; and (3) underinsured-motorist coverage is not intended to allow the insured to recover amounts from the insurer over and above the insured's underinsured-motorist policy limit.
the debt owed to you by the tortfeasor
; nor is the tortfeasor
It is required in order to link the harm inflicted on the plaintiff to the breach of duty owed by the tortfeasor
. (9) To allow recovery where an injury would have occurred absent any breach of duty on the defendant's part would neither further the goals of compensation, fairness and deterrence, nor comport with the theory of corrective justice that underlies the law of negligence.