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INSURANCE COVERAGE: Court finds underinsured motorist coverage not available where tortfeasor had liability insurance equal to amount available

The plaintiff, Wedderburn, sought underinsured motorist benefits from defendant, Budget Truck Rental LLC. The plaintiff alleged injuries in an automobile collision while operating a vehicle rented from Budget. The plaintiff alleged that the collision was a result of a non-party driver’s negligence. Budget moved for summary judgment on the ground that their underinsured motorist coverage is limited to $20,000 per claim and $40,000 per accident, the same limits as were available to the plaintiff under the tortfeasor’s insurance policy. Because the tortfeasor’s policy offers an equal amount of coverage, Budget argued that there was no underinsured motorist coverage available. The court holds in favor of Budget, finding that Budget’s affidavit established that the contract limits their liability for personal injuries to the Connecticut statutory minimums. Therefore, no underinsured motorist coverage was available to plaintiff and Budget’s motion for summary judgment is granted. Wedderburn v. Budget Truck Rental LLC, No. HHD-CV-20-6131815-S, 2022 WL 16757177 (Conn. Super. Ct. Oct. 31, 2022)