Insurer’s UIM Duty Did Not Arise Until Liability Policy Was Exhausted, Judge Says

STATESVILLE, N.C. – Because an insurer’s duty related to underinsured motorist (UIM) coverage of its policyholder was not triggered until an underlying liability matter was resolved, a North Carolina federal judge on July 19 found that bad faith, deceptive trade practices and breach of contract claims against the insurer failed as a matter of law (James Wesley Jones v. Penn National Insurance Co., No. 5:09-cv-00114, W.D. N.C.; 2011 U.S. Dist. LEXIS 78630).
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