Underinsured Uninsured Motorist Insurance

General and Brief Summary of Subject

Uninsured motorists insurance is a relatively new type of coverage. It is reported that approximately 1 out of every 4 drivers is uninsured in Georgia, then this coverage plays a critical role in a personal injury claim.

Discussion

Stacking is the most confusing and difficult to understand, but can easily be explained as the Insurance that is the most closely identified to the injured person, is the first to pay, and the last to get the set off.

An example here would be nice.

Thurman v. State Farm opened the door as to how the courts have defined how insurance coverages are applied in liability verses underinsured motorist cases. In Thurman the courts have found that a Federal Workers compensation company that has an enforceable right to take all or a portion of a recovery from the proceeds of the plaintiff's recovery, can diminish how much of a set off that the stacking UM policies can take.

Thurman was applied to Federal causes of action and their pre-emptory right to take over and above Georgia's own made whole doctrine. However, Thurman has been found to apply to certain ERISA Insurance claims and to a Hospital lien, although as of the Summer of 2007, these decisions were still at the trial court levels.

Conclusion

It is important, that if and when a case is taken up to the Court of Appeals, that it exemplifies the very best set of facts in order that Thurman will apply to ERISA and other types of subrogation claims via the authority of the Court of Appeals/Supreme Court of Georgia.

Comments

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