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Vehicle and Automobile Accidents
District Court Holds That Estate Underinsured Motorist Claim Barred Due To State Of Maine Law
On March 4, 2009 Judge O'Neill in the Eastern District of Pennsylvania granted Allstate Insurance Company's Motion for Summary Judgment in Willett v. Allstate Insurance Company where the Estate of an insured was arguing that a claim for underinsured motorist (UIM) benefits was allowed even though the law in the state of Maine, where the decedent's accident occurred, has a statutory cap on the amount of monies that can be recovered for non-economic damages in a wrongful death action.
David Willett (Willett) was killed in a car accident which occurred in Maine. At the time of the accident he resided in Pennsylvania with his mother and was insured under her Allstate policy which provided for $100,000 in UIM benefits unstacked. The third party had a total amount of coverage (liability and umbrella) of $1,250,000. Pursuant to the laws in Maine the Estate received only the statutory cap of $400,000 for non-economic damages and the total award, with the additional expenses, was $454,249.
The Estate pursued the UIM claim in Pennsylvania against Allstate and was providing a full credit for the full $1,250,000. The District Court decision by Judge O'Neill holds that Allstate is not required to make any UIM payment because the application of the statutory cap in Maine precluded the UIM claim. He finds that the Pennsylvania Supreme Court decision in Cipolla v. Shaposka, 267 A.2d 854 (Pa. 1970) is controlling and on point. He distinguishes the Willett situation from the Pennsylvania Supreme Court decision in Kmonk-Sullivan v. State Farm Mutual Auto. Ins. Co., 788 A.2d 955 (Pa. 2001) because he writes that the Kmonk case (1) involved Pennsylvania accidents and not one from another state, (2) no party argued another state law was applicable, (3) there was no choice of law issue in Kmonk and (4) the Court in Kmonk did not cite, discuss or overrule Cipolla.
The Estate pursued the UIM claim in Pennsylvania against Allstate and was providing a full credit for the full $1,250,000. The District Court decision by Judge O'Neill holds that Allstate is not required to make any UIM payment because the application of the statutory cap in Maine precluded the UIM claim. He finds that the Pennsylvania Supreme Court decision in Cipolla v. Shaposka, 267 A.2d 854 (Pa. 1970) is controlling and on point. He distinguishes the Willett situation from the Pennsylvania Supreme Court decision in Kmonk-Sullivan v. State Farm Mutual Auto. Ins. Co., 788 A.2d 955 (Pa. 2001) because he writes that the Kmonk case (1) involved Pennsylvania accidents and not one from another state, (2) no party argued another state law was applicable, (3) there was no choice of law issue in Kmonk and (4) the Court in Kmonk did not cite, discuss or overrule Cipolla.
He holds that the statutory cap under the laws in Maine make the estate NOT "legally entitled" to recover UIM benefits and thus, no UIM monies are to be paid.
Thanks again to Attorney Scott Cooper for providing this information.
Thanks again to Attorney Scott Cooper for providing this information.
Allstate Finally Gives Up McKinsey Documents in Florida
From InsuranceJournal.com:
A Jackson County judge agreed on Wednesday, July 23 to throw out a contempt order against Allstate Insurance after determining the company had finally complied with his directions to release confidential documents.
The Kansas City Star reported on its Web site that the decision negates more than $7 million in fines that Allstate had accrued after Judge Michael Manners last year began levying penalties of $25,000 a day against the company in a bad-faith case.
The two sides agreed to settle the case on confidential terms last week, avoiding a Monday trial date. During a hearing Wednesday, Manners agreed that the company was no longer out of compliance with his order to release the confidential records and lifted the contempt order.
Attorneys for both Aldridge and the accident victim, Dale Deer, of Warrensburg, requested a set of records prepared by consultant McKinsey & Co. on behalf of the insurance company that showed how it set up a claims payment system in the 1990s aimed at generating big earnings while keeping claims payments low.
Labels: Allstate mckinsey documents
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