Uninsured and Underinsured Motorist Claims: Evaluating Triggers, Stacking, Subrogation, Substitution of Benefits

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Tuesday, June 1, 2021

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will review claims, defenses, and complex issues under uninsured motorist/underinsured motorist (UM/UIM) policies. The program will highlight the significant coverage and procedural differences between "regular" policies and UM/UIM policies, the latest statutory and case law on "stacking" policies, exclusions, and bad faith litigation. The panel will also address "pay to play" statutes.

Description

Uninsured (UM) and underinsured (UIM) motorist coverage involves first-party claims made by insureds against their own insurance company where the alleged tortfeasor(s) in an auto accident has no insurance or insufficient insurance to cover losses. The scope of coverage and who may seek it are often contested. Each state may have its own statutory or regulatory requirements as well.

UM/UIM policies have defined limits of coverage, exclusions, and unique procedural requirements with which counsel must be familiar. Complex issues can arise in recovering UM or UIM benefits, subrogation, and settlement.

Policyholders have sometimes accused UM/UIM insurers of taking an overly aggressive approach against their own insureds and being faster to deny claims than they would be in an ordinary third-party claim. Whether a claim is undisputed and must be paid is not entirely settled concerning UM/UIM policies. This has led to an increase in bad faith claims and awards of other extracontractual damages.

Listen as this experienced panel discusses UM/UIM coverage's role, how to maximize benefits, and what constitutes bad faith in administering these policies.

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Outline

  1. Governing law
  2. Nature and scope of coverage
  3. Prerequisites for payment
  4. Amount of coverage and stacking
  5. Bad faith issues
  6. Liens

Benefits

The panel will review these and other key issues:

  • Who is covered?
  • Can policies be stacked?
  • What offsets or liens apply to the benefits?
  • What constitutes bad faith?

Faculty

Herald, Thomas
Thomas A. Herald
Attorney
Thomas A. Herald

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Riexinger, Kevin
Kevin J. Riexinger
Counsel
Gfeller Laurie

Mr. Riexinger is Counsel with the firm whose practice focuses primarily on the areas of complex civil and commercial...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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