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Voluntary Dismissal with Prejudice in UM Case Involving Electronic Signature Challenge.

Valerie Dondero, of the Miami office, obtained a voluntary dismissal with prejudice in a UM case where the Plaintiff was challenging the validity of the UM rejection form based on the insurer’s online application processes and electronic signature. The Plaintiff was the daughter of the named insured who was injured in an auto accident. The Plaintiff sued the insurer for UM coverage, alleging that her mother’s electronically-signed Application for Insurance and Rejection of UM Coverage was not a valid and enforceable “written” signature, as required under the UM statute. The Plaintiff also brought a count for purported “bad faith,” which Valerie was successful in having dismissed, rather than just abated, in Palm Beach County. Then, during the deposition of the named insured, Valerie was able to produce documentation of the electronic signatures, emails from the insurer to the insured confirming online signatures, passwords for online use and policy coverages purchased with an indication that UM had been rejected. After an hour conferencing with Plaintiff’s counsel on the coverage issues and the applicability of the Uniform Electronic Transaction Act, Plaintiff advised he would voluntarily dismiss the UM action against the insurer, with prejudice.

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