When Lawyer Conceals from Client a $1 Million Umbrella Injured Cannot Succeed with UIM Claim

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When a lawyer represents a person injured in an auto accident he or she is obligated to determine the total amount of insurance available to the defendant to indemnify the injured client. When the lawyer recommends a settlement for less than the amount of available liability insurance and the injured person accepts the settlement there is no evidence that the defendant was underinsured.

In Elizabeth Kirkwood v. State Farm Mutual Automobile Insurance Company, Civil Action No. 19-cv-02154-CMA-STV, United States District Court For The District Of Colorado (March 1, 2021) an underinsured motorist (UIM) claim was presented to avoid the error made by the lawyer.

ZALMA OPINION

It is not the obligation of the USDC to correct, at the cost of an insurer, an error made by the injured party’s lawyers, and it properly refused to do so. Of course, Ms. Kirkwood is not without a remedy, she can sue her lawyers for failing to advise her of the $1 million umbrella when the settlement was proposed.