underinsured motorist claim News

Kentucky Supreme Court Finds No Bad Faith as a Matter of Law

The Kentucky Supreme Court in Hollaway v. Direct General Ins. Co. Mississippi Inc., 497 S.W. 3d 733 (Ky. 2016), recently affirmed summary judgment that was granted in favor of the insurance company, finding that the plaintiff did not present a …

UIM Endorsement Doesn’t Cover Worker Injured While Not Occupying Employer’s Truck

On October 6, 2016 the United States District Court for the Western District of Kentucky, applying Missouri law, granted a summary judgment for Travelers Property & Casualty Company of America, after holding that the injured plaintiff was not insured by …

Determining Accrual Date for Minnesota UM/UIM Claims: Recent Case Decision

There are two principal viewpoints on when a UM/UIM claim accrues for purposes of triggering a limitations period. The majority view holds that the accrual date is triggered upon the insurance company’s breach of the insurance contract as opposed to …

Owned Vehicle Exclusion Defeats Underinsured Motorist Claim

A U.S. district court in Missouri has rejected a policyholder’s strained interpretation of an “owned vehicle exclusion” standard in the underinsured motorist (UIM) coverage of automobile policies. The case, filed January 22, 2006, is entitled Walker v. Progressive Direct Ins.Co., …

The Parable of the Crippled Mare: Loss-Of-Use Now Recoverable in Texas Total Loss Auto Cases

Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss of use of personal property, unless the property was a total loss or destroyed, was unfair. City of Canadian v. Guthrie, 87 S.W.2d …