News & Analysis as of

UI/UIM

Ward and Smith, P.A.

Do I Need a Lawyer for a Car Accident?

Ward and Smith, P.A. on

North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more

Downs Rachlin Martin PLLC

Vermont Supreme Court Caps UIM Insurer's Exposure, Despite Multiple Claimants

Progressive Northern Insurance Company V. Muller, Et Al. 2020 VT 76 (August 28, 2020) - Vermont Supreme Court holds that “Combined Single Limit” and “Limits of Liability” provisions in UIM policy cap auto insurer’s total...more

Maynard Nexsen

An Insurer is Not Required to Make a New Offer of UIM Coverage Upon a Mere Change of an Existing Policy

Maynard Nexsen on

What is a “Change?” - S.C. Code Ann. Section 38-77-160 serves to establish an insurer’s duty to offer, at the option of an insured, underinsured motorist coverage (“UIM”) up to the limits of the insured liability coverage,...more

Michigan Auto Law

Harm caused by temporary car insurance is far from temporary

Michigan Auto Law on

Temporary car insurance, such as 7 day policies, hurts uninsured drivers in cities like Detroit & Flint – who will face severe consequences after a car accident...more

Maynard Nexsen

UIM Coverage - A Brief Look at Meaningful Offers and a Discovery Lesson

Maynard Nexsen on

An automobile insurance carrier in South Carolina must offer underinsured motorist coverage (UIM), at the option of the insured, up to the limits of the insured liability coverage. If the insurer fails to make a meaningful...more

Maynard Nexsen

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

Maynard Nexsen on

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more

Spilman Thomas & Battle, PLLC

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

Cranfill Sumner LLP

Is a plaintiff required to serve a UIM/UM carrier in accordance with rule 4?

Cranfill Sumner LLP on

Yes, and if they don’t properly serve the UIM/UM carrier then the case will be dismissed according to the recent NC Court of Appeals decision of Kahihu v. Brunson....more

Spilman Thomas & Battle, PLLC

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

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