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Tag Archives: UIM

Insurance – Auto – UIM – Civil Practice – Summary Judgment – Conflicting Evidence – Deposition & Affidavit – Expert Testimony (access required)

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 (access required)

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 (access required)

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 (access required)

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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