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Tag Archives: Auto

Insurance – Auto – UIM – Subrogation – Civil Practice – Statute of Limitations

Nationwide Mutual Insurance Co. v. Erie Insurance Co. In this subrogation action, the plaintiff-insurer has no greater rights than its insureds. Since plaintiff filed this action more than three years after the accident from which it arose, plaintiff’s claim is time-barred. We affirm the trial court’s order granting defendants’ motion to dismiss.

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Insurance – Auto – UIM – Selection/Rejection Forms – Unsigned

Unitrin Auto & Home Insurance Co. v. Rikard Where the plaintiff-insurer mailed defendant’s decedents an uninsured/underinsured motorist coverage selection/rejection form several times, but where the decedents never filled out or returned the form, the mailing of the form was sufficient to preclude a holding that a total failure to notify occurred. We extend the reasoning of Nationwide Property & Casualty Insurance Co. v. Martinson, 701 S.E.2d 390 (2010), to questions of underinsured motorist coverage.

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Insurance – Auto – UIM – Civil Practice – Summary Judgment – Conflicting Evidence – Deposition & Affidavit – Expert Testimony

Unitrin Auto & Home Insurance Co. v. McNeill In his deposition, an insured said the signature on an uninsured/underinsured motorist coverage selection/rejection form did not look like his signature but that it could be; his subsequent affidavit was an explanation - and not a contradiction - of his deposition when it said that, upon further reflection, he had determined that it was not his signature.

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Insurance – Auto – UIM – Corporate Policy – Daughter’s Injuries

Erie Insurance Exchange v. Woodie’s Painting, Inc. Even though the insurance policy form could apply to either an individual or corporate insured, there is no ambiguity here since the insurance application made it clear that the defendant-corporation - and not its owner - was to be the insured. We affirm summary judgment for the plaintiff-insurer.

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Arbitration – Insurance – Auto — UIM – Waiver

Herbert v. Marcaccio The plaintiff waived her right to arbitration in a UIM action since the insurer was prejudiced by the plaintiff’s two-year time delay because it was required to spend a significant amount of resources to defend the suit which would have been unnecessary had a demand for arbitration been made earlier. We affirm the trial court’s order.

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Insurance – Auto – UIM – Selection/Rejection Form – Agency – Insured’s Wife

Davis v. State Farm Mutual Automobile Insurance Co. Plaintiff replied in the affirmative to the question, “If your wife in times past had requested a change in your policy, that would have been done usually with your knowledge or approval?” Given that the insurance agency most often dealt plaintiff’s wife when it came to changes in plaintiff’s policy, the wife’s rejection of underinsured motorist coverage was binding as to plaintiff. We affirm summary judgment for the defendant-insurer and the defendant-insurance agent, Lee Starnes.

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Insurance – Auto – Exclusion – Use – Unlicensed Driver – No Reasonable Belief

State Farm Mutual Automobile Insurance Co. v. Bustos-Ramirez Although unlicensed driver Perez lived in the home of the insured car owner and may have been allowed to drive the owner's vehicles in the past, the owner had forbidden Perez to drive his vehicles if Perez were drinking. When Perez took the owner's keys without the owner's permission or knowledge, drove to a nightclub, drank alcohol, drove towards home, and caused an accident that killed his passenger, Perez had no reasonable belief that he was entitled to drive the owner's car.

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Insurance – Auto – UM/UIM – Contract Reformation – Insured’s Name – Mutual Mistake

James v. First National Insurance Co. of America Plaintiff's insurance agent mistakenly filled out an auto insurance application in the name of plaintiff's father. Since plaintiff signed the application - including the uninsured/underinsured motorist coverage selection - in his own name, the trial court properly reformed the insurance policy to reflect plaintiff as the insured.

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