Botting v. Allstate Insurance Co
In Botting v. Allstate Insurance Co., 1998 ME 58, 707 A.2d 1319 (Me. 1998), three members of a family injured in an automobile accident sought to compare the $ 300,000 per accident limit of their split-limit UIM policy with the tortfeasor's $ 100,000 single-limit policy.
The court held that because all three of the insureds had been injured in the accident, the per accident limit, rather than the per person limit, of the split-limit policy had to be compared to the tortfeasor's policy to determine whether the tortfeasor was underinsured. 707 A.2d at 1321.