Section 6.42 The Release

• Library: Insurance Practice 2015

There are two very important parts to keep in mind in any release with an underlying tortfeasor in order to protect any UIM coverage:

1. It should be explicitly set out in the release that the release is not intended to release any cause of action or any right for recovery against the UIM carrier.

2. No indemnity provisions should be included in the release.

Although the cause of action against the underlying tortfeasor is a personal injury tort cause of action and the action that lies against the UIM...