I have a case where trucking company A sold all of its assets to trucking company B, with A retaining all liabilities. Company A has $1M liability insurance with $50,000 retention/deductible. Since A doesn't have the money to pay the retention, is there a viable claim against my client's UM. In other words, as to the $50K would company A be considered uninsured/underinsured?
Answer: I think the vehicle is, indeed, uninsured to the extent of the $50,000 self insured retention, although there is not an Oklahoma case directly addressing this. It seems to me that, to the extent there is no coverage for the first $50,000, the adverse motorist is uninsured to that extent. Also, if the liability policy is an Oklahoma policy, I wonder if there is not statutory coverage for the first $25,000.
Posted on Thu, December 1, 2011
by Sharon Coleman filed under