Underinsured motorist coverage

• Author: David Frangiamore
• Pages: 553-572

UNDERINSURED

MOTORIST COVERAGE

13-1

CHAPTER 13

UNDERINSURED MOTORIST COVERAGE

§1300 ELEMENTS OF COVERAGE

§1301 The Insured Claimant’s Auto Policy Must Contain Coverage

§1302 The Claimant Must Sustain a Bodily Injury

§1303 The Claimant Must Be Legally Entitled to Recover From the Underinsured Motorist

§1304 The Underinsured Motorist Must Be Insured—Otherwise an Uninsured Motorist Claim

§1305 The Underinsured Motorist Must Have Bodily Injury Coverage With Limits Less Than the

Claimant’s Underinsured Limits

§1306 The Insured Claimant’s Insurer Stands in the Shoes of the Underinsured Motorist

§1306.1 Potential Conf‌lict of Interest

§1306.2 Avoiding Bad Faith by the Insurer

§1307 Arbitration of Disputes

§1307.1 Legal Liability

§1307.2 Damages

§1307.3 Total Damages—Not Policy Limits Damages

§1310 PROCEDURES AND STATUTE OF LIMITATIONS ISSUES

§1311 The Insured Claimant’s Bodily Injury Claim Must Be in

Excess of the Underinsured Motorist’s Policy Limits

§1312 Putting the Underinsured’s Insurer on Certif‌ied Written Notice of Underinsured Coverage Claim

§1313 File Suit Against Underinsured Motorist

§1314 Get “Permission” From the Underinsurance Insurer to Settle With Underinsured Motorist

§1314.1 Exception

§1320 OFFSET AND EXCLUSIONS

§1321 Excess Bodily Injury Claims of Both Policies

§1322 Computation of the “Total” Value of the Bodily Injury

§1322.1 Reasonable Expectation of the Insured Claimant—Policy Limits Due Without Offset

§1322.2 Collateral Source Doctrine May Apply—No Offset

§1322.3 Exhaustion of Primary Limits of Liability

§1323 Exclusions

§1330 MINORS

§1331 Most Policy Time Limits Apply Equally to Adults and Minors

§1340 STACKING POLICIES

§1341 Multiple Vehicles on a Single Policy

§1342 Multiple Policies for Multiple Vehicles Issued to the Insured

§1343 Independent Multiple Policies

UNDERINSURED

MOTORIST COVERAGE

How Insurance Companies Settle Cases 13-2

§1350 DISTINGUISHING UNINSURED FROM UNDERINSURED MOTORIST COVERAGE

§1360 SUBROGATION

§1370 UNDERINSURED MOTORIST CARRIERS BAD FAITH CONDUCT

§1380 SPECIAL NOTES

KEY POINTS TO REMEMBER