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

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.

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

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