See generally, Annot., 24 A.L.R. 4th (1981). In Brack v. Middlesex Mutual Insurance Co., 118 N.H. 72, 382 A.2d 914 (1978); the court refused to redraft a New Hampshire statute to permit the plaintiff to recover under the decedent's uninsured motorist coverage, where the torteasor's liability insurance coverage was equal to the limits of decedent's uninsured motorist's coverage but inadequate to compensate fully for the decedent's injuries. The Court pointed out that the statute in question authorized recovery of the difference between an insured's damages or uninsured motorist coverage, whichever is less, and the tortfeasor's liability coverage when he or she is "uninsured," i.e. has less than $20,000 liability coverage.
The defendant thus maintains that, since the plaintiffs did not purchase coverage in excess of the statutory minimum and the insured was not injured by an uninsured motorist, they may not recover under either policy. Brack v. Middlesex Mut. Ins. Co., 118 N.H. 72, 382 A.2d 914 (1978). In Carrignan v. Allstate Ins. Co., 108 N.H. 131, 229 A.2d 179 (1967), we held that "an automobile which is not insured for bodily injury liability in the minimum limits established by our legislature is an uninsured automobile to the extent to which its insurance coverage falls short of the statutory limits."
1973); DiLuzio v. Home Mut. Ins. Co., 289 N.W.2d 749 (Minn. 1980); Brake v. MFA Mut. Ins. Co., 525 S.W.2d 109 (Mo.Ct.App.), cert. denied, 423 U.S. 894, 96 S.Ct. 192, 46 L.Ed.2d 126 (1975); Brack v. Middlesex Mut. Ins. Co., 118 N.H. 72, 382 A.2d 914 (1978) (per curiam); Tucker v. Peerless Ins. Co., 41 N.C. App. 302, 254 S.E.2d 656 (1979); Gorton v. Reliance Ins. Co., 77 N.J. 563, 391 A.2d 1219 (1978); Shelby Mut. Ins. Co. v. Smith, 45 Ohio St.2d 66, 341 N.E.2d 597 (1976); Lund v. Mission Ins. Co., 270 Or. 461, 528 P.2d 78 (1974) (en banc); Ziegelmayer v. Allstate Ins. Co., R.I., 403 A.2d 653 (1979); Strunk v. State Farm Auto. Ins. Co., 90 Wn.2d 210, 580 P.2d 622 (1978). See also Safeco Ins. Co. of America v. Wetherill, 622 F.2d 685 (3d Cir. 1980) (applying Pennsylvania law).
See Wildiss, A Guide to Uninsured Motorist Coverage, ยงยง 2.34A to .35A, 2.37A to .38A (1978); see generally 26 A.L.R.3d 883 (1969). Cf. Vigneault v. Travelers Ins. Co., 382 A.2d 910 (N.H. 1978); Black v. Middlesex Mut. Ins. Co., 382 A.2d 914 (N.H. 1978); Spence v. State Farm Mut. Auto. Ins. Co., 221 S.E.2d 643 (Ga.App. 1975). MOWBRAY, C.J., and THOMPSON, GUNDERSON and MANOUKIAN, JJ., concur.
This holding obviates our need to decide whether the plaintiff was residing in his father's household at the time of the accident so as to bring into play Allstate's uninsured motorist coverage. See Brack v. Middlesex Mutual Insurance Co., 118 N.H. 72, 382 A.2d 914 (1978) (uninsured motorist coverage is triggered only when a claimant is injured by a motorist who lacks liability insurance meeting the minimum requirements of the financial responsibility law, RSA 268:1 VII). Subsequent to oral argument, the plaintiff moved to submit additional issues in this case.
Concord General's policy issued to Robert Whitney met those requirements, and it is our understanding from the facts presented that Allstate's policy issued to Irene Whitney also met those requirements. Defendant Hodgdon's argument that because his damages exceed coverage by both those policies he should also obtain coverage under the uninsured motorist provision of his own policy is foreclosed by our decisions in Brack v. Middlesex Mutual Insurance Co., 118 N.H. 72, 382 A.2d 914 (1978), and Vigneault v. Travelers Insurance Co., 118 N.H. 75, 382 A.2d 910 (1978), decided this day. Our answer to the third transferred question is therefore "No."