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DEBORAH HIOB, et al. v. PROGRESSIVE AMERICAN INSURANCE COMPANY, et al.

Motor torts — Insurance — Underinsured motorist coverage

While Deborah Hiob was driving her automobile, a truck, traveling on the same road but in the opposite direction, crossed the center line of the road and struck her vehicle head-on. Her car, at that time, contained three passengers: her mother-in-law, Virginia Hiob; Margaret Nelson; and Laura Dusome. Two of the car’s occupants, Virginia Hiob and Laura Dusome, ultimately died of their resultant injuries, while the other two, Deborah Hiob and Margaret Nelson, suffered serious bodily injuries but survived the crash.

Because the damages sustained by the four occupants of the Hiob vehicle exceeded the amounts available under all other applicable motor vehicle liability insurance policies, a dispute arose between appellee, Progressive American Insurance Company (“Progressive”), Deborah Hiob’s insurance carrier, and the occupants of her vehicle (or, as for two of those occupants, their estates) over the amount of coverage provided by the uninsured/underinsured motorist (“UIM”) provision of that policy.

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