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STATE FARM MUT. AUTO INS. CO. v. POWERS

No. 98-068.

732 A.2d 730 (1999)

STATE FARM MUTUAL AUTO INSURANCE COMPANY v. Eric POWERS, Nationwide Insurance Company and Allstate Insurance Company.

Supreme Court of Vermont.

Motions for Reargument Denied May 10, 1999.

Attorney(s) appearing for the Case

Richard H. Wadhams, Jr., and James E. Preston of Pierson, Wadhams, Quinn & Yates, Burlington, for Plaintiff-Appellee State Farm Mutual Automobile Insurance Company.

Michael J. Gannon and Lisa M. Werner of Affolter Gannon & Flynn, Ltd., Burlington, for Defendant-Appellant Nationwide Insurance Company.

Charles Platto and Elizabeth K. Rattigan of Brooks McNally Platto & Vitt, Norwich, for Defendant-Appellee Allstate Insurance Company.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

SKOGLUND, J.

This declaratory judgment action involves a dispute regarding how to apportion damages among three insurance carriers providing uninsured/underinsured (UM) motorist coverage to a passenger injured in an automobile accident. The superior court determined, based on the insurers' respective policy provisions, that the insurer providing coverage to the operator of the vehicle struck by the underinsured motorist was the primary insurer and thus was required...

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