Tag: UIM
Appellate Division Upholds Shorter Statute of Limitations in Insurance Policy for UIM Claim
On January 10, 2018, plaintiff Amy Vanrell was driving a motor vehicle covered by an insurance policy with USAA and was in an accident. She sued the other driver for her injuries but failed to make a claim against her insurance company, USAA, for underinsured motorist coverage until May 2, 2022. The issue in Vanrell […]
Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident
Plaintiff Calise Belin was injured in a two vehicle accident after stopping at a stop sign on Lafayette Road in Voorhees, preparing to turn left on Haddonfield-Berlin Road. Plaintiff looked both ways and not seeing anyone coming, turned left. She collided with a vehicle being driven by Debra Lawless-Gattone who was travelling northbound on Haddonfield-Berlin […]
Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle
Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage. He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida. Allstate insured his brother’s pickup truck. Plaintiff had a personal vehicle insured by GEICO. The issue in Ricciardi v. […]
Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage
In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian. After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares. Plaintiff discovered that the Tavares’ insurance […]
Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy
Plaintiff Edward Siemietkoski sought underinsured motorist (UIM) benefits from Geico Insurance Company (Geico) due to injuries suffered in an automobile accident with defendant Charlie Velasquez-Flores. Geico denied Plaintiff’s claim based on the “regular use” exclusion contained in his insurance policy. This exclusion restricts coverage “where an insured has sustained bodily injury while occupying a vehicle […]
Step-down Provision in Auto Policy as to Spouse Upheld by Court
Plaintiff Lori-Anne Michel was injured while walking in a crosswalk when she was struck by a car being driven by Rosa Ludena (“Ludena”). Ludena had a basic policy that did not provide any liability coverage. Plaintiff was a named insured under a USAA policy that provided $25,000 in underinsured motorist (“UIM”) coverage and, after submitting […]
Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage
Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]
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