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Andrew Bergh
Andrew Bergh

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November 25, 2009

Andrew Bergh: A crash course in UIM auto coverage

Special to the Journal

Today's lesson in underinsured motorist coverage comes to us courtesy of Brown-Day v. Allstate. But in this case from the Hoosier State, the self-proclaimed “Good Hands” people instead got their hands slapped for trying to have it both ways.

After she was seriously hurt in a two-car crash in mid-June 2004, Marijeanne Brown-Day sued the other driver for damages in Marion County Superior Court. As it turned out, the defendant, Michelle Lobdell, who was admittedly at fault for the collision, only had $50,000 in liability insurance. Although she later settled with Lobdell for the $50,000 limit, Brown-Day reserved the right to pursue an underinsured motorist claim against her own insurer, Allstate Insurance Co.

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