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Summary Judgment in Uninsured Motorist Vehicle Claim

Laurie J. Adams, Melonie Bueno and Sharon C. Degnan | March 16, 2018

Laurie Adams and Melonie Bueno, of the West Palm Beach office, and Sharon C. Degnan, of the Orlando office, obtained a Summary Judgment in a case where the Plaintiff, who was represented by her mother who is an attorney, was receiving training from a personal trainer in a van/mobile gym. The trainer allegedly used weights that were too strong for the then 16 year old Plaintiff which resulted in a complete loss of knee cartilage and several complex knee surgeries performed by specialists in Boston.

After the trainer’s auto carrier provided coverage for the claim, Plaintiff made an underinsured/uninsured claim, alleging that the mobile van was an uninsured motor vehicle. At the Motion for Summary Judgment hearing, Laurie argued that the uninsured motorist coverage was precluded because the van was being used as a premises and not an auto. Therefore, it fell in a definitional exclusion based on the policy language of what was and was not an uninsured motorist vehicle. The Judge agreed and granted the Motion. Sharon prepared the Motion and Melonie managed the discovery portion of this case.

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