April 2004 - Appellate Court Rules in Favor of Defendant Insurer on Issue of First Impression

The Alabama Court of Civil Appeals held as a matter of first impression that the Plaintiff was not entitled to Underinsured Motorists Benefits from the Defendant Insurer because the Plaintiff was unable to exhaust the limits of the liability policy insuring the owner of the vehicle that the uninsured motorist was driving at the time of the accident.  In reaching this conclusion, the Court of Civil Appeals upheld the Trial Court's decision to grant the Defendant's Motion for Summary Judgment.  The case was defended by Evans Brittain.

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