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UM Arb Q for Cali-mos
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Date: May 25th, 2023 7:30 PM Author: Big Guy For You Client demanded UM arb. After written discovery and client depo, UM insurance co denied coverage and demanded appointment of arbitrator (instead of settling).
An arbitrator was appointed. After we had a date certain, the UM insurance counsel just demanded that the arb be canceled because they are denying coverage. Odd case.
Wwyd
Seems like the CR filing a UCL/bad faith/breach of contract suit in our Illustrious Superior Court instead of keeping arb on |
Date: May 25th, 2023 7:31 PM Author: Litigious "Tiggy" Jackson just go to arbys and get him the new UM arby-q sauce with a roast beef and cheddar and curly fries. they have them in ca. (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46355767) |
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Date: May 25th, 2023 7:32 PM Author: Big Guy For You I think he is one of them CA vegans. So many cases (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46355780) |
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Date: May 26th, 2023 12:18 AM Author: Big Guy For You Circling back on this one. Thank (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46356767) |
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Date: May 26th, 2023 12:26 AM Author: chandler (retired) What is the basis for denial? I do think filing the bad faith suit would be the best way to go but depends on the reason for denial of coverage. (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46356777) |
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Date: May 26th, 2023 9:36 AM Author: Big Guy For You Client hit a trashcan that was left in the middle of the 101 by an unknown vehicle/trick. Insurance co is citing case law saying if you hit and dinette set without seeing where it came from, then there is no coverage.
I found case law where a rock bounces off a car and hits the vehicle, then there is coverage (either under UM statute or policy). They then canceled arb bc no coverage. Odd case.
I think I'm just going to file bad faith |
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Date: May 26th, 2023 10:58 AM Author: chandler (retired) The stationary aspect and the fact it was an unknown vehicle or truck is the tricky issue. If it was still moving there would definitely be coverage. (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46357810) |
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Date: May 26th, 2023 12:13 PM Author: Big Guy For You Yeah, that's my feeling--although, the policy itself can provide more coverage than the UM Statute itself. Apart from that, it is a battle between Barnes v. Nationwide Insurance Company 186 Cal.App.3d 541 (Cal. Ct. App. 1986) and Pham v. Allstate Ins. Co. 206 Cal.App.3d 1193 (Cal. Ct. App. 1988).
Showdown of the Scholars with Infinity's in-house counsel |
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Date: May 26th, 2023 1:17 PM Author: Tony Falsetto You found a case with UMBI claim for a rock hitting car? (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46358522) |
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Date: May 26th, 2023 4:32 PM Author: Big Guy For You Big rock 🪨 (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46359445) |
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Date: May 26th, 2023 12:30 AM Author: Tony Falsetto Did you propound discovery requests on the carrier? (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46356784) |
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Date: May 26th, 2023 10:54 AM Author: Big Guy For You Yes--now I get to used the power of attorney to investigate their claims handling and in-house counsel (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46357798) |
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Date: May 26th, 2023 1:21 PM Author: AZNgirl hoping an Indian Nazi is Aryan enough wht da furk is UM insurance? wtf wld they have univ of Michigan ins in cali, maeks no sense (http://www.autoadmit.com/thread.php?thread_id=5345932&forum_id=2#46358535) |