§ 26.1-40-15.3 — Underinsured motorist coverage

North Dakota § 26.1-40-15.3

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-40: Automobile Insurance and Warranties

Text

1. The insurer shall also provide underinsured motorist coverage at limits equal to the
limits of uninsured motorist coverage. Underinsured motorist coverage must pay
compensatory damages which an insured is legally entitled to collect for bodily injury,
sickness, disease, including death resulting therefrom, of such insured, from the owner
or operator of an underinsured motor vehicle arising out of the ownership,
maintenance, or use of such underinsured motor vehicle.

2. The maximum liability of the underinsured motorist coverage is the lower of:
a. The amount of compensatory damages established but not recovered by any
agreement, settlement, or judgment with or for the person or organization legally
liable for the bodily injury, sickness, disease, or death resulting therefrom; or
b. The limits of liability of the underinsured motorist coverage.
3. In any claim for underinsured motorist benefits, the insured and the insurer each bear
responsibility for one's own attorney's fees incurred unless the insurance contract
specifically provides otherwise or the insurance company is found to have acted in bad
faith. It is neither a conflict of interest nor bad faith for an insurer to contest and press
all defenses that the underinsured motorist could press.