The plaintiff, a truck driver operating a tractor-trailer as an independent contractor in Florida, was struck by an underinsured vehicle with only $20,000 in coverage.
He sought underinsured motorist coverage under two insurance policies: his personal automobile policy with AllState and the fleet coverage through ACE INA for the commercial vehicle.
Both policies contained optional Family Protection Coverage endorsements for underinsured vehicle coverage.
The motion judge granted summary judgment in favor of the plaintiff, finding that AllState was obliged to provide underinsured coverage while ACE INA was not.
AllState appealed, and the plaintiff cross-appealed the ACE INA decision.
The Court of Appeal allowed AllState's appeal and dismissed the cross-appeal, holding that neither insurer was obliged to provide underinsured coverage for the heavy commercial vehicle operated by the plaintiff.
