Blake Edwards & Kelsey Caudill Obtain Dismissal of Uninsured Motorist Suit – 2019
In March 2019, Blake Edwards and Kelsey Caudill obtained Summary Judgment in Daviess Circuit Court on behalf of an insurance carrier that was sued for uninsured motorist (UM) benefits. The Plaintiff alleged that he struck a load binder on the highway that had fallen off an unknown vehicle, which caused him to wreck. The Court held that in ‘hit-and-run’ scenarios, uninsured motorist coverage will only be triggered–absent physical contact with the unknown vehicle–if the motorist hits an object that is an “integral part” of a vehicle. The Court ultimately determined that a load binder is not an “integral part” of a vehicle, and therefore dismissed Plaintiff’s UM claim against the insurer.