UM Question

Client hurt as a passenger in a car she did not own. Does she have to first use UM on vehicle she was riding in as a passenger before looking to her own UM?

Answer: No. The case on that is Mustain v. United States Fidelity and Guaranty Co., et al., 1996 OK 98, 925 P.2d 533: UM insurance is primary as between the insured and UM insurer; UM insurer’s responsibility to insured cannot be conditioned on amount of other UM coverage.