A quick look back to the most significant opinions of last year...
How is it that 2015 is already ONE MONTH OLD? Well, before getting too much further into the (not so) New Year, it may be a good time to offer a quick review of what I found to be some of the most significant cases from late last year. You can READ MORE on my NCLegalTrends.com "blawg" but I wanted to mention one of them here:
When does your "Underinsured Motorist (UIM) Coverage" kick in? Just before the year ended, the "Supremes" in Raleigh handed down a decision with surprisingly good news for policyholders who may have to seek additional coverage in order to pay for medical expenses, lost income and other harm done in an automobile crash.
The primary issue before the North Carolina Supreme Court in Lunsford v. Mills was whether a person insured by a standard auto policy, in a situation where more than one driver was at-fault and responsible for a severe car crash injury, may take advantage of his "underinsured motorist coverage" before exhausting the liability coverage for ALL the at-fault drivers?
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"The juice just ain't worth the squeeze." Explaining to WSOC Reporter Jason Stoogenke a few weeks ago why his Channel 9 viewers troubled by car damage occurring in work zones may have a tough time recovering.
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The high court ruled YES, and upheld an earlier decision by the NC Court of Appeals that an injured policyholder need only obtain the policy limits from one of the bad drivers before seeking funds from his or her own insurance under UIM Coverage.
In a nutshell, here's what happened. A truck driver by the name of Mills was traveling on I-40 back in 2009 in a big rig owned by his employer and insured with U.S. Fire Insurance. Mills lost control of the tractor-trailer, crashing and flipping in the median. The first responder was the plaintiff, Douglas Lunsford, a volunteer firefighter who was in the median attempting to assist Mills when another driver named Buchanan, in a car insured by Allstate (with only $50,000 in available coverage), swerved while driving by the scene and struck Lunsford severely injuring him.
Folks started pointing fingers at each other, and Lunsford's attorney eventually had to file a lawsuit against the truck driver Mills, his employer, and the second driver, in order to help Lunsford pay his bills and recover his lost wages. Allstate tendered its $50,000 in limits, and then Lunsford attempted to seek additional coverage for the liability of Buchanan the "underinsured motorist" portion of his own insurance policy with Farm Bureau.
Farm Bureau said no, but after all the motions and appeals, the NC Supreme Court ultimately ruled that such UIM coverage did in fact apply, even if there are other potential wrong-doers with insurance that had not yet been exhausted. There is much more to it than that of course, but the main point the Supreme Court seemed to make is that a policyholder that paid for additional coverage under UIM protection should be able to access it when a bad driver causes bad injuries, and doesn't have enough insurance to cover the harm done.
It is a fascinating opinion, and I'm pleased to salute a long time friend from high school days, Doug Abrams, as well as another attorney with whom I'm pleased to collaborate David Stradley for some very good and tenacious advocacy.
The main "take away" is an important message for this state's citizens who are hurt by careless, drunk or distracted drivers. They should check very carefully down all avenues of potential coverage for the harm that has been done. And yes, checking with an experienced attorney to help you in that regard would be a very good idea.
I am always delighted whenever I hear from readers of LEGAL TRENDS on any issue involving the law (or anything else for that matter). If you disagree with any of my observations or selections, all the better -- that's how I learn. Feel free to email me, or call my office (704-887-6776). If you want to schedule a visit to the DaisleyLaw offices at 2412 Arty Avenue, I'll pour the coffee.
Michel C. Daisley
Litigation Attorney & Certified Mediator
DaisleyLaw, PLLC
2412 Arty Avenue
Charlotte, NC 28208
phone: 704-887-6776
email: [email protected]
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