Mr. Tepper, a bike rider, was hurt when he was involved in a collision with a car. He sued the car's driver for negligence and Metropolitan, his own insurer, to recover benefits under his underinsured motorist policy. The car driver's insurer offered to settle but Metropolitan refused to let Mr. Tepper accept the offer. Instead, Metropolitan paid Mr. Tepper the amount of the settlement offer, intending to then try to recoup the money from the car driver. The driver, however, asked the trial court to drop him from the lawsuit and the court agreed. The Fifth District Court of Appeal upheld the trial court.