Legal Insider Articles

Clarity Returns to Litigating Damages for Uninsured Motorist Claims: No More Damages Do-Overs for the Insurance Company

Insurance companies and injured plaintiffs have been battling over uninsured motorist and underinsured motorist claims on several fronts for decades.  In the last two years, however, considerable uncertainty sprang up around litigating damages.  When you have gone to trial on a UM contract claim, and a jury has determined the defendant’s liability and the plaintiff’s… Read More

Read more: Clarity Returns to Litigating Damages for Uninsured Motorist Claims: No More Damages Do-Overs for the Insurance Company

Filing a Bad Faith Claim with the Underlying Claim and Staying the Bad Faith Claim Until Liability and Damages are Determined

Here is another area of handling uninsured/underinsured motorists insurance bad faith claims that got murkier with the King and Bottini cases that we discussed here. As confusion spread from the Bottini concurring opinion, it was more important than ever to include the bad faith claim, and often a declaratory action count, from the beginning of… Read More

Read more: Filing a Bad Faith Claim with the Underlying Claim and Staying the Bad Faith Claim Until Liability and Damages are Determined
Filing a Bad Faith Claim with the Underlying Claim and Staying the Bad Faith Claim Until Liability and Damages are Determined
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