Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Thurman v. State Farm Mut. Auto. Ins. Co.

The plaintiff was not entitled to UM benefits where the tortfeasor's liability coverage exceeded the plaintiff's total UM coverage before subrogation claims were paid.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

One way that Georgia uninsured/underinsured motorist UM coverage applies is when the tortfeasor’s available liability coverage is less than the victim’s total available UM coverage-to that extent, the tortfeasor is underinsured. In this case, the tortfeasor’s liability coverage exceeded the victim’s total UM coverage. But the victim’s recovery from the tortfeasor’s liability coverage was reduced by certain subrogation claims, so that the victim’s actual recovery was less than her total UM coverage. The issue before us is whether the victim’s UM coverage should cover the difference.

The facts are undisputed. Gail Thurman, a United States postal carrier, was injured after she got out of her postal truck, when she and the truck were struck by a car driven by Mamie Brown; the postal truck was damaged in the amount of $4,445.81. Thurman and her husband sued Brown for damages. Brown had $100,000 total liability and property damage coverage, and the Thurmans claimed total damages in excess of this amount. So, the Thurmans settled with Brown’s insurance company for $95,554.19, which constituted the policy limits minus the amount of property damage to the postal service truck, which had already been paid to the postal service.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Attorney Associate

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...


Apply Now ›
Litigation Associate Attorney

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...


Apply Now ›
Go to Lawjobs