Butler v. Unisun Insurance

How courts have described this case

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

• holding the insurer has the initial burden of proving that a meaningful offer of optional coverage had been made to the insured.
• stating if the insurer fails to comply with its duty to make a meaningful offer, the policy will be reformed by operation of law to include UIM coverage up to the limits of liability insurance carried by the insured
• ordering reformation of an automobile insurance policy to include UIM coverage up to insured’s liability coverage where insurer failed to offer UIM coverage up to the limits of liability coverage by failing to offer UIM coverage below the minimum liability coverage amounts
• the insurer bears the burden of establishing it made a meaningful offer of UIM coverage
• “If the insurer fails to comply with the statutory duty to make a meaningful offer to the insured, the policy will be reformed, by operation of law, to include UIM coverage up to the limits of liability insurance carried by the insured.”

Source: CourtListener parenthetical corpus (CC0).