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Defense summary judgment in UM coverage case.

Gregory J. Prusak | July 29, 2015

Gregory J. Prusak, of the Orlando office, prevailed on a Motion for Summary Judgment involving the amount of available UM Coverage and the validity of the UM selection form. The insurer had actually tendered the UM policy limits and defended on the basis of the pre-suit settlement. Conversely, the Plaintiff was trying to argue that the selection form was invalid, that the insurer misrepresented the amount of the UM coverage limits, and that the settlement should be rescinded. More specifically, Plaintiff claimed she was entitled to $100,000.00 in UM benefits, equal to the bodily injury liability limits, not the $10,000.00 limits shown on the face of the policy and UM selection form. Greg moved for summary judgment, arguing the selection form was valid since it was signed and dated by the insured’s husband, and that the lower UM limits of “10/20” were written on the form, and were likewise listed on the DEC page, which was part of the same application. Therefore, he contended the insurer was entitled to summary judgment, as the $10,000.00 UM limits had already been tendered. The trial court agreed and entered summary judgment in favor of the insurer.

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