"There is no dispute that Plum Creek, the named insured, did reject
uninsured motorist coverage and did so in writing.
The trial court dismissed the lawsuit, as Maslo's damages did not exceed the
uninsured motorist coverage policy limits.
No insurer shall exercise any right of subrogation under a policy providing additional
uninsured motorist coverage against an underinsured motorist where the insurer has been provided with written notice in advance of a settlement between its insured and the underinsured motorist and the insurer fails to advance a payment to the insured, in an amount equal to the tentative settlement, within 30 days following receipt of such notice.
Therefore, the statutory mandate for
uninsured motorist coverage does not apply to this policy." See 88 E3d at 962-63.
A 1990 study by the California Department of Insurance states that 40 cents of every premium dollar paid for bodily injury liability and
uninsured motorist coverage goes to attorneys.
Danne Jr., Annotation, Construction of Statutory Provision Governing Rejection of Waiver of
Uninsured Motorist Coverage, 55 A.L.R.3d 216 (1974).
The Florida Court of Appeal disagreed, stating that the general principle against coverage for punitive damages had "no application whatever" to
uninsured motorist coverage.
A man severely injured in a car accident could not benefit from the
uninsured motorist coverage of policyholders with whom he lived because he had no blood relationship with them, even though they all had a blood relationship with a third person, a closely divided Appeals Court panel has decided.
Similar to
uninsured motorist coverage, uninsured boater coverage protects owners from potential liabilities for bodily injury to a passenger on board the vessel, a bystander, or someone on another boat.
For example, a Georgia automobile policy states the following exclusions under the Liability Coverage, Medical Expense Coverage and
Uninsured Motorist Coverage sections:
Higgins, Note,
Uninsured Motorist Coverage Laws: The Problem of the Underinsured Motorist, 55 Notre Dame L.
ISO will make changes to under and
uninsured motorist coverage on a state-by-state basis.
