Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: UIM

UM and Choice of law; law where the policy was issued applies — 8th Circuit North Dakota

Posted in Contractual Liability
In American Fire and Casualty Co. v. Hegel, Hegel’s decedent, Fetzer, was killed while delivering pizzas in an accident where Fetzer was not at fault.  The trial court found that North Dakota law applied (place of the accident) and that American Fire (Pizza company’s insurance company) owed UM.  The Eighth Circuit reversed.  North Dakota choice… Continue Reading

No Underinsured Motorist Coverage Where Tortfeasor Policy Limits Exceed Insured’s Policy Limits; Missouri (8th Circuit)

Posted in Contractual Liability, New Case
AMCO Ins. Co. v. Williams, arose from a fatal car crash. The insured’s estate sought underinsured (UIM) motorist coverage after recovering the tortfeasor’s policy limits. The claim was denied. The insured sought summary judgment establishing coverage. The insurer claimed there was no coverage because the tortfeasor’s vehicle was not underinsured. The insured said the policy… Continue Reading

Questions of reasonableness are for jury, not summary judgment — UM bad faith — Oklahoma law

Posted in Insurance Bad Faith
In Falcone v. Liberty Mutual, Falcone made an uninsured motorist claim (UM claim) for injuries arising out of an auto accident with an uninsured driver.  Falcone was a passenger in her mother’s car, and Liberty was the UM insurer.  Falcone was taken by ambulance to the OU Medical Center Emergency Room, and was then transferred… Continue Reading

Whether the insurer’s investigation of a claim was reasonable was a question of fact precluding summary judgment 10th Circuit, Colorado

Posted in Insurance Bad Faith
In Peden v. State Farm Mutual Auto Ins Co., the Tenth Circuit reversed a summary judgment in favor of State Farm on a uninsured / underinsured motorist claim.  State Farm had both the liability coverage and the UM / UIM coverage.  State Farm paid $240,000 on the liability coverage, and after suit was filed, paid… Continue Reading

UM coverage on vehicle involved in the accident is primary — Arkansas App.

Posted in Contractual Liability, Vehicle
In Southern Farm Bureau Casualty Insurance Co. v. Shelter Mutual Insurance Co., 2016 Ark. App. 563, Roberson was injured while driving a car insured by Shelter.  Roberson had UM coverage through Southern Farm Bureau (Farm Bureau).  Shelter paid Roberson’s claim and argued that either Farm Bureau was liable for the damages under its “other insurance”… Continue Reading

Owned vehicle exclusion, underinsured motorist coverage, 8th Circuit, Missouri law

Posted in Contractual Liability, Vehicle
Walker v. Progressive Direct Ins. Co. Steve Walker died in a motorcycle accident. After his widow settled against the tortfeasor for policy limits of $25,000, she sought underinsured motorist coverage UIM under two Progressive Auto Policies insuring the Walkers’ six other cars. The trial court granted Progressive’s motion for summary judgment, concluding that the policies’… Continue Reading

Choice of law for bad faith claim follows tort law, most significant relationship — Oklahoma

Posted in Insurance Bad Faith
In Martin v. Gray, 2016 OK 114, Martin was injured in an Oklahoma accident by Gray.  Martin’s insurance  was purchased by her parents while they lived in Kansas. She was, however, a listed/rated driver in the policy. Before the collision, Insured’s parents notified the Kansas agent that she was moving to Oklahoma to live with… Continue Reading

OK to limit family member UM coverage to family members who do not own autos — Missouri

Posted in New Case
In Taylor vs. Owners Insurance Company, Taylor wanted coverage from Owners Insurance under his mother’s policy.  But the policy only provided coverage to members of the insured’s household who do not own their own cars.  Taylor owned his own cars and thus was not entitled to coverage. The trial court’s summary judgment to Taylor was… Continue Reading

$2M+ verdict upheld for failure to pay uninsured motorist benefits – 10th Circuit, Colorado

Posted in Insurance Bad Faith, New Case
In Etherton v. Owners Insurance Company, Etherton was hurt in a car wreck and had 3 back surgeries.  He settled with the other driver for $250,000 and wanted $750,000 from his uninsured / underinsured motorist carrier — the remainder of his $1M policy limit. The UM carrier (Owners) offered $150,000, because it did not believe… Continue Reading

Missouri under-insured motorist coverage did not apply where liability limits were higher than UIM limits 8th Circuit

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Burger v. Allied Property and Cas. Ins. Co., Burger was injured in a car accident.  The other driver paid Burger the policy limits of $100,000 for damages, but Burger had additional damages so she made a claim against Allied for underinsured motorist coverage.  Summary judgment to Allied was affirmed.  The policy defines an “underinsured… Continue Reading

Anti-stacking UM policy struck down — again! Missouri law

Posted in New Case
In Nationwide v. Dugger, Tanya Dugger’s daughter was killed when the vehicle she was riding in was struck by a train.  Tanya Dugger had an automobile policy with Nationwide that insured two vehicles. The Policy contained anti-stacking language purporting to limit Tanya to a single payment of $25,000 for her UM coverage. The trial court… Continue Reading

Underinsured Coverage Ambiguous because of declarations page — Missouri law

Posted in New Case
In Nationwide Ins. Co. of America v. Thomas, the court found that contradictory policy language entitled Thomas to recover excess damages. Thomas was injured as a passenger in an automobile accident. Thomas’ damages exceeded $150,000.00. The driver of the vehicle that struck Thomas had automobile liability insurance with a bodily injury liability of $100,000 per… Continue Reading

Underinsured Motorist Coverage stacked where policy was ambiguous — Missouri law

Posted in New Case
In Martin v. Auto Owner’s Insurance, summary judgment to the insurance company was reversed by the Missouri Court of Appeals. Dylan, a minor, was struck by Loyd when Dylan was crossing the road to board a school bus. Dylan’s damages exceeded $300,000, and Loyd’s paid $100,000. Dylan’s parents, the Martins, had underinsured motorist coverage (UIM)… Continue Reading

Election of lower uninsured / underinsured motorist coverage valid, regardless of same sex relationship Pennsylvania law

Posted in Contractual Liability, New Case
In Guglielmelli v. State Farm Mutual Automobile Ins. Co., Mr. Jayadi applied for auto insurance with 100/300 liability limits and 15/30 uninsured motorist coverage (UM coverage) on behalf of himself and Mr. Guglielmelli. The two insureds lived together and had a same sex relationship.  Later, Guglielmelli was hurt by an underinsured motorist.  Under Pennsylvania law,… Continue Reading

Insurance Declarations Page Conflicted with Other Provisions causing ambiguity Missouri law

Posted in New Case
In Simmons v. Farmers Insurance, the declarations page or dec page said there was underinsured motorist coverage of $50,000 per person ($100,000 per accident), without any further limitation stated.  The definitions section of the policy defined an underinsured vehicle as one where the bodily injury liability limits are less than the liability limits under this… Continue Reading

Governmental Tort Claims Act, Uninsured Motorist Coverage and Set Off — Okla law

Posted in Contractual Liability, immunity, New Case, Vehicle
In Mariani v. State ex rel. Oklahoma State University, 2015 OK 1, the issue was whether the governmental tortfeasor was entitled to a set off for the uninsured motorist coverage paid by the injured party’s insurer. Under the Governmental Tort Claims Act (GTCA), the state’s liability is limited to a certain dollar amount– in this… Continue Reading

Arkansas uses significant contacts to determine UM choice of law

Posted in New Case, Vehicle
In Hoosier v. Interinsurance Exchange of the Automobile Club, 2014 Ark. 524, the insureds got their policy in California, then moved to Texas.  A new declarations page was issued showing the change of residence to Texas.  The insureds were in an accident in Arkansas.  After settling with the tortfeasors, the insureds sought UM (uninsured motorist) coverage.… Continue Reading
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