Hand

Defendants (“claimants”) appeal from a declaratory judgment to the effect that they recover nothing under the uninsured motorist coverage of plaintiffs’ policy although claimants’ uncompensated damages caused by an uninsured motor vehicle exceed the amount of such coverage.

The Problem in Schematic Outline

Motorist H is involved in a three-car collision. His damages are in excess of $30,000 and are caused by the concurrent negligence of the other two drivers, X and M. There is no rational way to apportion the damages between X and M. X and his car are uninsured. M has liability insurance with a $15,000 per person limit. H’s own policy includes the customary uninsured motorist coverage (“UMC”) with a similar limit of $15,000. With his insurer’s consent H collects $15,000 from M’s insurer, which leaves him at least $15,000 short of being made whole. Is H’s own insurer nevertheless discharged from any obligation under the UMC?

The trial court answered this question in the affirmative. We must disagree.

The Actual Facts

The manner in which the parties had to proceed to submit the issue squarely to the court reveals possible practical shortcomings in the provisions of…