No UM Coverage When Other Driver is Insured
Multiple Causes of Action for UM Property Damage Claims Fails for Lack of an Uninsured Motorist
Read the full article at https://www.linkedin.com/pulse/other-vehicle-insured-can-uninsured-motorist-claim-zalma-esq-cfe and at https://zalma.com/blog plus more than 3500 posts.
Why would anyone claim coverage under an uninsured motorist policy when he has convincing evidence the other party was insured and the insurer offered money to settle? When the insured thought he could get punitive damages from his own insurer.
In Trent Jason v. American Automobile Association Of Northern California, Nevada & Utah et al., A158369, Court Of Appeal (12/9/20) AAA NCNU and CSAA moved for summary judgment on the grounds Jason’s insurance policy did not cover the accident at issue. The trial court granted the motions and entered judgment against Jason.
ZALMA OPINION
I am amazed that this case was the subject of an appeal and that the Court of Appeal gave service to all of Jason’s claims concerning the identity of the insurer even though he paid premium to CSAA, that he was entitled to UM Property damage coverage even though the other car was insured and its insurer offered to settle with Jason. Courts should not give attention in any detail to such a suit.
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