Monday, November 27, 2017

Judgment on the Pleadings Entered in UIM Case After Plaintiff Secured Liability Limits From Tortfeasor in Binding Arbitration of Third Party Claim

In the case of Tenbus v. Progressive Direct Ins. Co., No. 548-CV-2016 (C.P. Wayne Co. Nov. 22, 2017 Hamill, J.), Judge Raymond L. Hamill entered a Judgment on the Pleadings in favor of a UIM carrier after finding that the Plaintiff failed to state a valid UIM claim under Pennsylvania's Motor Vehicle Financial Responsibility Law and the policy definition of an "underinsured motor vehicle" where the Plaintiff was awarded the full liability limits of the tortfeasor in a related binding arbitration of the third party claims.

In dicta, the court also noted that the Plaintiff's UIM claim was barred by the collateral estoppel doctrine as well.

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney David Friedman of the King of Prussia office of the Forry Ullman law firm for bringing this case to my attention.

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