Zdeb v. Allstate Insurance Company 

Plaintiff pedestrian was on a public sidewalk when struck by vehicle, and then filed declaratory judgment action seeking determination that insurer was not entitled to a setoff on underinsured motorist coverage with monies paid to her for automobile medical payments coverage. The policy unambiguously permitted the setoff. Double recovery from two or more tortfeasors is not at issue; and setoff provision in policy is in accordance with public policy behind underinsured motorist statute, to fill gap between amount recovered from underinsured driver's insurance and the amount of coverage provided in insured policy. The setoff provision in this policy did not nullify plaintiff's UIM coverage or MP coverage. (J. GORDON and McBRIDE, concurring.)