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Summary Judgment Entered on UM Claim Where Coverage was Properly Denied

Valerie Dondero and Barbara Fox, of our Miami office, won summary judgment on behalf of its carrier-client in a claim for underinsured-motorist benefits. Plaintiff sued the carrier alleging entitlement to coverage under his wife’s policy after his own insurance policy had paid the full underinsured-motorist coverage available. The carrier denied additional coverage as neither Plaintiff nor his vehicle was insured on the wife’s policy, and the wife had selected non-stacked underinsured-motorist coverage. The underinsured-motorist statute and underinsured-motorist selection form both permit an insured to select underinsured-motorist coverage to exclude any person injured in a vehicle that is not a covered vehicle under the policy. Plaintiff attempted to create an electronic-signature challenge to the wife’s signed underinsured-motorist form under Florida law, but the Court sustained the carrier’s objections and granted protective orders on those issues.  The Court entered the seven-page Order that was drafted by Valerie and granted the carrier’s entitlement to prevailing-party taxable costs. This is just another great result for our team – and happened on the eve of trial.

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