Trial Court Issues Ruling On Pro Rata Request In UIM Claim
Posted Scott B. Cooper on Sep 20, 2013 in Car Accidents
In State Farm Mut. Auto. Ins. Co. v. Donegal Mut. Ins. Co., XXX Crawford Co. L. J. 52 (2013) the trial court in the Court of Common Pleas of Crawford County issued an opinion and Order in dispute between insurers regarding pro rata share obligation for underinsured motorist (UIM) payment. In this case, the injured victim/insured resided with her parents and was operating their vehicle with consent when she was struck by a tortfeasor. There were two vehicles on her parents' policy and there was $25,000 in stacked UIM coverage. The injured victim had her own policy with $100,000 in UIM but no stacking. After recovering the tortfeasor's liability limits, the UIM claims made against State Farm and Donegal settled for $90,000 total of which State Farm paid $50,000 and Donegal paid $40,000. State Farm sought a pro rata contribution from Donegal by arguing that the second vehicle on the parents' State Farm policy should be considered "secondary" and therefore of equal priority with Donegal.
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