In March of 2013, the United States District Court for the Western District of Kentucky had to decide a Louisville car accident case that involved UIM benefits after the lower court had denied the UIM benefits to the injured party. (See Whisenant v. State Farm Mutual Automobile Ins. Co., 2013 WL 842586 (W.D. Ky. 2013)). The plaintiff in this Louisville UIM car accident case was injured in a Louisville car accident. The plaintiff brought breach of contract and bad faith claims and the lower court, and not this appellate court, dismissed the Louisville UIM car accident personal injury case.
The Louisville UIM car accident occurred on March 26, 2009 when the at fault party crossed the double yellow lines and struck plaintiff’s car. The plaintiff at the time of the Louisville car accident had underinsured motorist benefits (UIM) to protect herself when she was in a car accident with someone who is found at fault but had insufficient insurance to fully compensate her for her injuries. On March 15, 2012, Plaintiff’s Louisville UIM car accident lawyer demanded the UIM benefits in the amount of $75,000. The defendant insurer denied the claim stating that the plaintiff had failed to make the claim within the contractual limitations set forth in her policy. In her policy it states that a claim for UIM benefits must be made within two years from the date of the accident from the last basic or added reparation payment made, whichever occurs later. The accident occurred on March 26,m 2009 and the last payment was made on January 26, 2010. Thus the demand for payment on March 15, 2012 is outside the two year period.
Plaintiff’s Louisville UIM car accident lawyer then filed suit for breach of contract and Unfair Claims Settlement Practices Act, and bad faith. The defendant insurer then moved for summary judgment. The defendant claims that the injured plaintiff was on notice of the policy because she paid the premiums to the policy which bound herself to the terms of the policy, including the limitations for filing an action contained therein. Id. The policy was issued on or about September 14, 2004. The declaration page sent with the policy regarding the UIM was sent with that policy. Though the plaintiff denies ever seeing the policy page regarding the UIM, she does admit to receiving the policy. For the next 5 years plaintiff paid the policy premiums.
The appellate court in this Louisville UIM car accident agreed with the lower court and dismissed the complaint. There was no breach of contract claim or bad faith or any of the other claims.
If you have been the subject of a Louisville UIM Car Accident Case, please call and speak to a Louisville UIM Car Accident lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!