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Home / Courts / Insurance – Auto – UM Claims Denial – Statutory Prerequisite – Summary Judgment Stage (access required)

Insurance – Auto – UM Claims Denial – Statutory Prerequisite – Summary Judgment Stage (access required)

In its pleadings, the defendant-insurer asserted that plaintiff could not recover on its uninsured motorist claims because defendant provided only excess coverage. Defendant waited until the summary judgment stage to argue that plaintiff’s claims failed because plaintiff had not sued and obtained judgments against the uninsured motorists. Since suing the uninsured motorists is an element ...

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