Plaintiffs v. Anonymous Insurance Company

Plaintiffs v. Anonymous Insurance Company

CALHOUN COUNTY SETTLEMENT OF $378,954

A plaintiff and his wife had automobile insurance with their insurance company. The plaintiffs automobile was struck from behind by a person insured by GEICO. The plaintiff suffered a severe back injury, which required surgery. GEICO agreed to pay their policy limits of $30,000. Plaintiff then filed a claim for his under-insured motorist coverage which was denied on the basis that UM coverage had been waived. However, only the spouse had signed the waiver. She could waive this for herself, but a spouse cannot waive this specific coverage for the other spouse. The husband had never waived his coverage and, according to statute, was entitled to collect.
Shortly after the lawsuit was filed, the insurance company paid the remainder of the medical pay benefits and tendered $80,000 plus interest of under insured motorist benefits owed under the automobile policy. The insurance company later agreed to settle the remaining fraud and bad faith portion of the lawsuit of $265,000.

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