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· 5/23/2024

Another Planet Entertainment, LLC v. Vigilant Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the claimant might not be able to fully exhaust one of the tortfeasors’ policy limits if that tortfeasor was less liable relative to the other defendants
  • noting that identical policy language is common in the insurance industry and holding that it unambiguously requires exhaustion of a tortfeasor’s policy limit before UIM coverage is available
  • collecting cases holding the underinsurer may always credit the full amount of the tortfeasor's liability coverage against the insured's damages
  • stating the Legislature’s “UIM mandate was designed to protect the public. . . .”
  • collecting cases that hold that exhaustion clauses are unenforceable as against public policy
  • stating the Legislature's \UIM mandate was designed to protect the public. ...\

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.