Last month, a state appellate court issued an opinion in a Georgia car accident case requiring the court to determine if the plaintiffs were covered under a policy underwritten by the defendant insurance company. The court ultimately determined that the plaintiffs were not among those named in the policy for whom underinsured/uninsured motorist (UIM) coverage was provided, and the plaintiffs’ argument that the policy was invalid was without merit. Thus, the court dismissed the plaintiffs’ case.The Facts
The defendant insurance company wrote a policy for a car dealership. The policy provided both liability and UIM coverage. However, the UIM coverage was only extended to “directors, officers, partners or owners of the named insured and family members who qualify as an insured.” In fact, the policy specifically stated that “any other person who qualifies as an
Insured” was not afforded UIM coverage.
The plaintiffs decided to test-drive a car from the dealership. While out on the test-drive, the plaintiffs were rear-ended by another motorist. The at-fault motorist had liability insurance coverage, but the policy limits were such that the plaintiffs were not fully compensated for their injuries, even after settling and obtaining the maximum benefit amount under that policy. Thus, the plaintiffs filed a claim with the dealership’s insurance policy, under the UIM coverage.