Defense Verdict Obtained in Case Involving Motor Vehicle Accident

We obtained a defense verdict after a bench trial in the Philadelphia Court of Common Pleas, which found the plaintiff did not meet the definition of an insured entitled to underinsured motorist (UIM) coverage. The case arose out of a motor vehicle accident in which the plaintiff was a back seat passenger in a vehicle that was struck by the tortfeasor. After settling his bodily injury claim with the tortfeasor and with the underlying UIM carrier that insured the vehicle he was a passenger in, the plaintiff submitted a UIM claim seeking UIM benefits under his alleged sister’s UIM policy with our client. There was no dispute the plaintiff was living with his “sister” at the time of the accident. Therefore, the only issue was whether the plaintiff could show he was an insured and entitled to coverage by proving he was related to his “sister” by blood, adoption or marriage to meet the definition of a “family member” under the policy. She testified during discovery and at trial that she is not related to the plaintiff by blood, adoption or marriage. As a result of this testimony, the judge found the plaintiff failed to meet his burden of proof and entered a defense verdict for our client.