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Appeals › Uninsured and Under-Insured Motorists › Auto Insurance

Marshall Dennehey

Court Denies UIM Coverage to Woman, Claiming ‘Family Member’ Status Through Daughter

Marshall Dennehey on

Miller v. USAA General Indemnity Company, No. 23-1934 (3d Cir. Jan. 7, 2025) - The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance...more

Sheppard Mullin Richter & Hampton LLP

Insurer Entitled to Arbitrate Disputed UIM Claim Before Insured Could Pursue Bad Faith Action

Sheppard Mullin Richter & Hampton LLP on

Brett McIsaac v. Foremost Insurance Company Grand Rapids, Michigan, A160389 (Sonoma County Super. Ct. No. SCV-265433) (Filed 4/30/21; certified for publication 5/19/21) - McIsaac had an auto insurance policy with Foremost...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the...more

Jaburg Wilk

An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

Jaburg Wilk on

Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Jaburg Wilk

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

Jaburg Wilk on

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

Butler Weihmuller Katz Craig LLP on

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Carlton Fields

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

Carlton Fields on

In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more

Carlton Fields

When is a Vehicle Not a “Vehicle”?

Carlton Fields on

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

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