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No Breach of Umbrella Policy in this Insurance Coverage Case

Obtained final summary judgment in favor of a major insurance carrier. The plaintiffs filed suit for breach of an umbrella policy after their claim for $1 million in uninsured motorist benefits was denied because the plaintiffs failed to maintain the required underlying auto insurance. The plaintiffs claimed actual damages in excess of $15 million and filed a count for bad faith, which was stayed pending the outcome of the breach of contract count. The plaintiffs argued the carrier waived its right to enforce the provision of the policy requiring the underlying insurance because it had knowledge that the plaintiffs did not maintain the required limits before it issued the policy. The court granted summary judgment in favor of the carrier, finding the policy was clear and unambiguous as to the required underlying limits, and because the plaintiffs failed to maintain those limits. The case had been pending for four years.

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