Insurance; UM Coverage; Burdens of Proof

In the case of an offending vehicle operated by its owner, once the insured claimant has proven the existence of the required primary policy of liability insurance for the offending vehicle and damages exceeding in monetary value the applicable limits of that policy, he has established a prima facie case for recovery under underinsured motorist coverage. At that point, the burden rests with the UIM insurer to put forth evidence of other underlying liability coverage, or evidence supporting a legal presumption of such coverage, sufficient to shift the burden back to the insured claimant.. Gillmer v Stuckey, First Circuit, No. 2009 CA 0901 (12/23/09) (McClendon, J, dissenting).