Arnold A. Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent

Summary

The court held that the statutory prohibition on reducing available uninsured/underinsured motorist coverage by a setoff from other coverage bars an insurer from subtracting MedPay benefits from the amount payable on a particular UM/UIM claim. Because the statute refers to the amount available on the claim rather than merely the policy limit, the court reversed and remanded for further proceedings. Justice Gabriel, joined by Justices Márquez and Hood, dissented, concluding that the setoff avoided double recovery and was permitted by the statutory scheme and collateral-source principles.