Advertising Disclosure Email Disclosure

A general release settling a bodily injury claim that fails to carve out the insured’s right to pursue a UIM claim precludes the ability to seek UIM benefits.

October 1, 2017
Crisp v. Ace Am. Ins. Co., 2017 Phila. Ct. Com. Pl. LEXIS 125 (Pa. Ct. Com. Pl. Phila. Mar. 9, 2017)

An insured settled her bodily injury claim against a tortfeasor and signed a general release in which she agreed to release “any and all other persons or entities whatsoever” from claims arising from the accident. The court agreed with the insured’s UIM carrier that the general release precluded the plaintiff’s UIM claim because the release failed to specifically preserve her rights to pursue the UIM claim. This case is a strong reminder for UIM carriers and their counsel to review thoroughly all documents from any bodily injury claim.

 

Case Law Alerts, 4th Quarter, October 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."