· 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).
Sourced from CourtListener / Free Law Project (CC0).
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