uninsured motorist coverage News

Witness Affidavit Not Needed Before ‘John Doe’ Auto Suit Filed – SC Supreme Court

A driver may file a “John Doe” civil action against an unknown driver, even without first obtaining an statement from a third-party witness. But an affidavit must be produced promptly upon request, the South Carolina Supreme Court decided Wednesday. The …

Allstate Doesn’t Owe for Diminished Value; Farm Bureau Barred from Subro, Courts Say

Two court rulings in Southeastern states have underscored insurers’ responsibilities under uninsured motorist laws. In a Mississippi class-action lawsuit, the U.S. 5th Circuit Court of Appeals found that Allstate Property & Casualty Insurance Co. had not violated state law by …

Illinois High Court: UM Insurance Can’t Be Restricted to Occupants of Covered Vehicles

The Illinois Supreme Court on Thursday affirmed an appellate court ruling that found that injuries to a 14-year-old boy who was struck by a car while riding his bicycle are covered by his father’s uninsured motorist policy despite language that …

Contributory Doesn’t Nix Subsequent Negligence, Alabama Court Says in UM Case

The Alabama Supreme Court has handed down two decisions that could have an impact on uninsured motorist claim payouts and on how construction surety bonds and contracts are defended. In MSE Building Co. vs. Stewart/Perry Co., Buc-ee’s Ltd. and Philadelphia …

Delaware High Court OKs Lien Against Uninsured Motorist Benefits in Workers’ Compensation Case

The Delaware Supreme Court has broken with its own precedent to rule that a workers’ compensation insurance carrier may assert a lien against benefits an injured employee recovers from other sources. The particular issue before the court was whether an …

Connecticut High Court Affirms Ruling Denying State Troopers’ PTSD Claims

Two state troopers who were struck by a car on an interstate exit ramp cannot collect damages for post traumatic stress disorder, but one of them can recover more money because his trial court award was improperly reduced by the …

Is a Scooter a Vehicle? Appeals Court Says ‘Yes’ and State Farm Must Pay UM Claim

State Farm must pay an uninsured motorist claim for injuries caused by an electric motor scooter even though the scooter didn’t match the definition of “motor vehicle” in Florida statutes, a panel of the 11th Circuit Court of Appeals ruled …

Uninsured Motorist Coverage Does Not Apply to Horse-Drawn Buggy

Delaware courts have never before been asked whether a horse-drawn buggy is a motor vehicle. Now a state court has definitively ruled that a horse-drawn buggy is not a motor vehicle. “The plain meaning of ‘motor vehicle’ does not include …

Oklahoma Court: Progressive’s Uninsured Motorist Exclusion Not Lawful

Oklahoma’s highest court recently found that an insurer’s uninsured motorist exclusion violates state law. The Oklahoma Supreme Court came to that conclusion in answering a certified question from the U.S. Court of Appeals for the Tenth Circuit about the UM …

Florida Couple Awarded $14.5M in Geico Uninsured Motorist Lawsuit

A former chiropractor and his wife have won a $14.5 million jury verdict in a lawsuit filed over a 2004 car crash that involved a motorist with no insurance. Attorney Crane Johnstone says a Miami-Dade jury sided with David and …