Everything listed under: UM

  • May UM Combine Multiple Liability Limits in Determining Underinsured Status?

    I represent a passenger injured in a vehicle that has $25,000 liability and $25,000 UM.Client also has own UM policy with a different company for $25,000.The other vehicle in the wreck has $100,000 liability.The client’s own UM is claiming that it owes nothing until damages exceed $125,000, the combined limits of the two liability policies.  Read More...

  • Binding UM carrier to jury verdict

    Does putting a UM carrier on notice of lawsuit bind them to a verdict in excess of liability coverage, or do you need to join them in the suit against the tortfeasor?  Read More...

  • Dealer Liability for Test Drive

    An uninsured motorist is test driving a car and rear ends my client. My client only carries liability on her car. Is there any statute or case that attaches liability to the car lot for the negligence of the uninsured motorist?  Read More...

  • UM and Workers' Compensation

    Would a worker be precluded from making claims under both his work UM policy and his personal policy? His personal has tendered but I discovered that his employer has a policy also.  Read More...

  • Insurance Claim Against Spouse for MVA

    A husband and wife were in a wreck caused by the wife. He filed a claim and their insurance carrier said that since there is no UM, the husband is barred from making a claim. Other than State Farm v. Wendt, are there any other cases that I can site that allow the husband to make a liability claim?  Read More...

  • Insurance Priority in One-Car Wreck

    I have a case with a passenger injured in a one-car wreck. The driver was not the owner of the car. I obviously can collect against the owner’s insurance, but can I collect against the operator also, or is the next layer of insurance the passenger's UM?  Read More...

  • Interesting Bad Faith UM Issue

    Client is EMT in back of ambulance when hit by tortfeasor. After settling with the tortfeasor he finds out EMSA has UM that covers employees. UM now denies coverage saying that its subrogation was destroyed by the settlement and release. Client did not know of the employer’s coverage at time of settlement and release with tortfeasor. EMSA notified its carrier of the accident and of injury to an employee but the insurance did not notify the employee of the policy benefit. They have filed an MSJ and response due shortly.  Read More...

  • Coverage

    I have a client semi driver who was rear-ended by a co-employee. Can he access his own UM even though he can’t assert a claim against his co-employee?


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  • UM Exclusion

    May a commercial UM policy exclude coverage for injury covered by workers' compensation?  Read More...