58-11-9.5. Payment to insured for portion of judgment not collected from underinsured motorist--Coverage limits.
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/sd/title-58/chapter-58-11/58-11-9-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the terms and conditions of such underinsured motorist coverage, the insurance company agrees to pay its own insured for uncompensated damages as its insured may recover on account of bodily injury or death arising out of an automobile accident because the judgment recovered against the owner of the other vehicle exceeds the policy limits thereon. Coverage shall be limited to the underinsured motorist coverage limits on the vehicle of the party recovering less the amount paid by the liability insurer of the party recovered against.