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Full-Text Articles in Insurance Law
Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro
Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro
Faculty Journal Articles & Other Writings
This article addresses auto insurers that use the "narrow" Underinsured Motorist Vehicle definition and couples it with a "reducing clause." The article discusses the conflict between what the declarations page promises and the UIM benefit the policy will actually pay and argues that the definition and reducing clause violate the consumer's expectations and defeat the very purpose of UIM coverage causing an injustice to the insured who has been prudent enough to purchase UIM coverage to guard against the tortfeasor who carries minimum limits. The article urges attorneys to persuade the courts in Montana to invalidate the narrow definition and …
Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro
Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro
Faculty Journal Articles & Other Writings
This article examines the issue of what constitutes an "accident" or "occurrence" in auto liability policies that limit the insurer's liability for indemnity, defense, or other benefits to a set amount per "accident" or "occurrence." The article reviews a selection of cases from other jurisdictions because there is little Montana law delineating single "accidents" or "occurrences" for purposes of auto insurance. The article concludes with a list of factors that may be determinative and should be argued on the issue of whether there are multiple "accidents" or "occurrences" for purposes of triggering additional limits of auto insurance coverage.