UM / UIM

Insurance carrier sued their insured for reimbursement of funds paid to third parties for property damage for a loss caused by a vehicle being driven by the named policyholder’s son. The carrier stated that the insured had committed fraud by failing to list the son as a driver on the policy. The insured filed a cross-claim against the carrier for failure to cover certain property damage to her vehicle.

Plaintiff insurance carrier paid over $75,000 because their insured’s parked luxury vehicle had been totaled as the result of the defendant’s admitted negligence. The defendant only carried the state required minimum amount of insurance.

Defendant rear-ended Plaintiff’s insured causing substantial property damage and personal injury. Defendant had a lapse in insurance coverage. Plaintiff paid their insured for personal injury through the uninsured motorist bodily injury clause of the policy and filed a subrogation claim against the Defendant.