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Carrier Must Pay UIM Offered By Mistake (access required)

By Deborah Elkins
Published: November 19, 2012
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Although plaintiff’s insurance carrier mistakenly offered underinsured motorist coverage policy limits, the carrier nevertheless is bound by its offer of $25,000 UIM policy limits, in addition to the $100,000 liability coverage offered by defendant in the underlying auto accident case, and the Hopewell Circuit Court grants plaintiff’s motion to enforce settlement in this case of [...]

UIM carrier bound by acceptance of mistaken offer (access required)

By Deborah Elkins
Published: November 16, 2012
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An insurance carrier must pay its UIM policy limits even though an auto-accident plaintiff waited nearly two years to formally accept the settlement and the carrier might have avoided liability altogether. For plaintiff William Calvert, who alleged $75,000 in medical bills and lost wages from a 2009 auto accident, the extra $25,000 in underinsured motorist [...]

Negligence – FELA – Discovery – Privilege Log (access required)

By Deborah Elkins
Published: October 5, 2010
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Although litigation was “reasonably foreseeable” after plaintiff, a railroad conductor, allegedly fell from a railcar when the grab iron he was holding broke, that does not mean defendant railroad can refuse to provide documents to plaintiff conductor, including its initial incident report in the form of a memo to the general manager, and two diagrams, [...]

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