Hiltner v. Owners Ins. Co.
In 2010, Amy Hiltner was seriously injured when she fell off the trunk of a moving vehicle driven by Samantha Denault. Denault's insurer paid Hiltner its liability limit under a policy covering the vehicle. Owners Insurance Company provided underinsured coverage to Hiltner in an automobile policy issued to her father. In 2012, Hiltner sued Owners in state court for underinsured motorist coverage benefits under North Dakota law, alleging she was injured as a result of driver Denault's negligent operation of the motor vehicle. Owners removed the action from state court to the United States District Court in North Dakota. The United States District Court for the District of North Dakota certified then certified a question of North Dakota law to the North Dakota Supreme Court regarding the proper calculation of an offset provision to underinsured motorist coverage. The questions was "[w]hether the court should deduct no-fault benefits from the award of past economic damages before reduction for the percentage of fault attributable to plaintiff and other parties for whose conduct the defendant is not responsible." The Supreme Court answered the certified question, "No." View "Hiltner v. Owners Ins. Co." on Justia Law