Recently, Attorney Ann Ochsner wrote an amicus brief that was featured by the North Carolina Advocates for Justice. This brief discussed the issue of multiple tortfeasors who were insured by separate motor vehicle liability insurance policies, and whether or not the Court of Appeals made a correct ruling in the matter.
The Court of Appeals held that underinsured motorist coverage (UIM) is due when the plaintiff depletes the liability coverage of one tortfeasor. According to Attorney Ochsner’s brief, a unanimous panel of the Court of Appeals upheld this decision. The panel determined in the accident described above, an insurer cannot withhold UIM coverage until a plaintiff comes to a settlement with other tortfeasors. Instead, UIM coverage is due when a plaintiff depletes the liability limits that apply to a single tortfeasor.
This information was shared by the North Carolina Advocates for Justice, Trial Briefs Magazine in the April 2015 issue.