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Tag Archives: UIM

Insurance – Auto – UIM – Subrogation – Civil Practice – Statute of Limitations (access required)

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 (access required)

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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