Ortiz

BACKGROUND

Appellant was injured while in the course and scope of his employment when a vehicle driven by Choi Seok Hwan collided with appellant’s vehicle. Hwan’s insurance policy had an available per person limit of $15,000 and appellant settled his liability claim for that amount. Appellant also received approximately $107,000 in workers’ compensation benefits. Appellant made a claim for underinsured motorist benefits under the State Farm policy. This policy has underinsured motorist limits of $100,000. State Farm denied appellant’s claim based on the following offset in the policy’s underinsured motorist coverage:

“Any amount payable under this coverage shall be reduced by any amount paid or payable to or for the insured:

“a. for bodily injury under the liability coverage; or

“b. under any workers’ compensation, disability benefits, or similar law.” Appellant filed the underlying complaint for declaratory relief claiming that, when compared to the statutory requirements, this offset provision is overly broad and therefore is void. The trial court disagreed. The trial court concluded that the policy was to be read and enforced as if it did comply with the law and that…