Plumley v. May

How courts have described this case

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

• recognizing that plaintiff who has already settled for liability limits with insurer's consent and waiver of subrogation rights can bring direct action against uninsurance or underinsurance carrier without first bringing suit against tortfeasor
• recognizing that plaintiff who has already settled for liability limits with insurer’s consent and waiver of subrogation rights can bring direct action against uninsurance or underinsurance carrier without first bringing suit against tortfeasor
• adhering to the “general consensus” that the statute of limitations does not begin to run until a breach of the contract occurs
• “We also adhere to the general consensus that the statute of limitations does not begin to ran until a breach of the contract occurs”
• “Admittedly, in the absence of the automobile accident for which Mr. Plumley had a tort action against the tortfeasor, this contractual obligation [between the plaintiff and his insurance company] would not have arisen.”
• “[W]hen a direct action against an uninsured or underinsured motorist carrier is pursued, that action sounds in contract . . . [and] does not require an action against the tortfeasor with whom the plaintiff has already settled for liability limits . . . .”

Source: CourtListener parenthetical corpus (CC0).