Two UM Policies
Client in pure uninsured motorist position after motorcycle crash has two UM policies (different companies) one on the motorcycle and the other on her car. Evaluation is below both 25K UM limits. It is my position that both UM policies must evaluate and pay from first dollar since client paid separate premiums to separate carriers. Carrier on car says its UM is excess beyond motorcycle UM (relying on "payments by 'other policies'" provision. thoughts?
Answer: The insurance companies are wrong and getting dangerously close to a bad faith case. Both are primary and cannot insist that the insured wait for them to sort out who is primary and who is excess. See: Mustain v. United States Fidelity and Guaranty Co., et al., 1996 OK 98, 925 P.2d 533 (UM insurance is primary as between the insured and UM insurer; UM insurer’s responsibility to insured cannot be conditioned on amount of other coverage.)
Posted on Mon, August 24, 2009
by Sharon Coleman filed under