Set-off under Uninsured Motorist\u27s Coverage

The limits of liability under uninsured motorist coverage are fixed either by policy provisions or by statute. ... These various indemnity provisions were created so as to effectively limit any payments made by the insurance carrier under the uninsured motorist endorsement in combination with any other sources of indemnification to the maximum limit of the uninsured motorist coverage. The intent of the insurance underwriter is to limit its payment under the uninsured motorist coverage to the minimum amount where the insured is indemnified or partially indemnified from more than one source. The scope of this paper will specifically be concerned with the enforceability of these various limitation provisions, with respect to the insured\u27s indemnification from medical payments and workmen\u27s compensation sources