Welish

Patrick R. Welish, a passenger in a car owned and driven by Robert D. Billings, Jr., was seriously injured in an accident involving a truck driven by Frank Acri and owned by Jerry Taylor, neither of whom were insured. Billings’ automobile liability insurance policy, issued by Cri terion Insurance Company (Criterion), with $15,000/30,000 limits, included uninsured motorist coverage (UMC) with like limits. Welish claimed and Criterion paid the UMC policy limit of $15,000 to Welish who then sued Billings, Acri and Taylor for damages for his personal injuries which exceeded $30,000. Welish then demanded from Criterion the $15,000 policy limits under the policy’s bodily injury liability coverage. Criterion denied that demand and filed this declaratory relief action naming Welish, Billings, Acri and Taylor as defendants and claiming the $15,000 UMC payment constituted a setoff against the $15,000 bodily injury liability limit effectively eliminating any obligation for further liability payments under the policy. The court agreed and this appeal by Welish followed.

I

Under coverage A of the policy, Criterion agreed to pay on behalf of the insured, Billings, all sums he became…