In a 3-2 decision, the South Carolina Supreme Court has concluded that public policy is offended by a portability limitation clause which purports to prevent non-resident relatives from importing UIM coverage from an at-home vehicle’s policy when the involved vehicle lacks UIM coverage. Nationwide Mutual Insurance Company v. Rhoden, Arrieta and Dickey (Op. No. 27131,… Continue Reading
Make it Meaningful – 4th Circuit Court Rules on Underinsured Motorist Coverage
We handle a fair amount of litigation involving Undersinsured Motorist Coverage (UIM). Occasionally, we see the “buyer’s remorse” theme. A motorist is injured due to fault of another, and the motorist’s loss is not adequately compensated by the at-fault party’s bodily injury liability policy. The motorist, having remorse over his failure to buy Underinsured Motorist Coverage from his own liability insurer, then claims that UIM coverage should be afforded anyway, because allegedly there… Continue Reading
