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PLOhiomedium

Under R.C. 3937.18 (post-2001), how does Ohio calculate the amount payable under underinsured motorist (UIM) coverage when the at-fault driver carries some liability insurance?

AUIM pays the full UIM limit in addition to the at-fault driver's BI limits, regardless of any amounts recovered from the at-fault liability policy
BUIM is unavailable if the at-fault driver has any liability coverage
CUIM stacks across all household vehicles regardless of policy language
The UIM limit is reduced (offset) by amounts recovered from the at-fault driver's liability coverage

Why this is the answer

R.C. 3937.18(A)(2) defines UIM as excess over the at-fault driver's BI limits and authorizes the insurer to reduce UIM by amounts recovered from those limits. If an insured carries $100,000 UIM and the at-fault driver carries $25,000 BI, the maximum UIM payable is $75,000 — not $100,000 stacked on top of the recovery.

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