IDAHO UNDERINSURED MOTORIST (UIM) CASE LAW ON SET-OFFS

Erick Pena v. Viking Insurance Company of Wisconsin, Supreme Court of Idaho (2/1/2022). A recent UIM declaratory judgment action discussed Idaho’s finding that Nationwide’s minimum limits UIM coverage with offsets is an illusory and in violation of public policy.  Viking denied Pena’s UIM claim, asserting that tortfeasor’s vehicle was not an “underinsured motor vehicle” as defined […]

South Dakota underinsured motorist coverage exclusion found unenforceable

Streff v. State Farm Mutual Auto. Ins. Co., 2017 S.D. 83, was decided by the Supreme Court of South Dakota on December 13, 2017, affecting coverage in private passenger automobile policies for underinsured motorist coverage.  The Court held that the government vehicle exclusion with respect to underinsured motorist coverage in private passenger auto policies unenforceable, and that […]

Idaho Uninsured and Underinsured Motorist Coverage Election

Effective March 28, 2018, all private passenger automobile insurers in Idaho must use the NEW Uninsured and Underinsured Motorist Disclosure found in which includes election/selection form found in Appendix A of the Idaho Administrative Code at IDAPA 18.01.20 Section .016.  Carriers must begin using the new form for all new policies and those existing policies where UM or UIM […]

Mopeds covered by Uninsured & Underinsured Insurance in South Carolina

South Carolina Auto Insurance must cover moped use under the uninsured motorist and underinsured motorist coverage. On June 21, 2017, South Carolina Director of Insurance Ray Farmer issued Bulletin Number 2017-03.  Mopeds are now included in the definition of a motor vehicle for the purposes of uninsured and underinsured motor vehicle insurance coverages (only) pursuant […]