Gonzalez

All insurance policies issued in California covering liability arising out of the use of a motor vehicle must include uninsured and underinsured coverage for bodily injury “with coverage limits [at least] equal to the limits of liability for bodily injury in the underlying policy” (Ins. Code, § 11580.2, subd. (m); see id., subds. (a)(1), (n), (p); further section references are to the Insurance Code). Therefore, when an insured person suffers bodily injury caused by a person who also has insurance, but “for an amount that is less than the uninsured motorist limits carried on the motor vehicle of the injured person” (§ 11580.2, subd. (p)(2)), the insurance policy of the injured person will cover the difference.

At issue in this case is whether a tortfeasor whose insurance policy covers liability “with combined single limits in the amount of $100,000.00 for all bodily injury and property damage caused by any single accident” (italics added) is an underinsured motorist with respect to an injured person (1) whose policy includes underinsured motorist benefits up to $100,000 for bodily injury sustained by any one person in a single accident, and (2) whose damages for bodily…