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September 12, 2017

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UIM benefits denied (again) to State Farm's insured.


State Farm Mutual Automobile Insurance Company was able to avoid paying benefits to their own customer, once again.  The Kentucky Court of Appeals has applied the strict holding of the Supreme Court opinion in Riggs  to allow State Farm the ability to escape payment of UIM benefits.


Underinsured Motorist (UIM) coverage was purchased by Elead Weird from State Farm. Unfortunately Mr. Weird was involved in a car accident when his vehicle was struck by a drunk driver. The drunk driver's insurance paid their policy limits to Mr. Weird.  His injuries were such that he was not fully compensated by that payment.  Thereafter, Mr. Weird sought to collect his Underinsured Motorist benefits under his own State Farm policy.  Instead of paying these benefits, State Farm objected arguing that he waited too long to make a claim. The ruling in Weird v. State Farm held that Mr. Weird had indeed waited six months too long to bring his claim against State Farm. This proved terminal to his claim for benefits.  It is unfortunate for Mr. Weird to have paid these premiums for UIM benefits to State Farm, only to be denied coverage when he sought a claim.   







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