As the end of the year rapidly approaches, I take this opportunity to present this brief survey of recent developments in the area of Uninsured Motorist (UM), Underinsured Motorist (UIM), and Supplementary Uninsured/Underinsured Motorist (SUM) law. As in the past, 2018 was marked by a great deal of significant activity in this highly litigated, ever-changing and complex area of the law.

Accidents vs. Intentional Conduct

In Progressive Advanced Ins. Co. v. Widdecombe, 157 A.D.3d 1047 (3d Dept. 2018), respondent Germain left a bar after consuming a number of alcoholic beverages, and got into the driver’s seat of his parked car. Concerned that Germain was not fit to drive, respondent Widdecombe, an acquaintance of Germain’s, tried to persuade Germain to return to the bar. Widdecombe attempted to stop Germain from operating the car by placing his foot inside the open driver’s door and reaching to grab the keys from the ignition. However, Germain managed to start the engine and put the car in drive, causing it to move forward, trapping Widdecombe and dragging him for approximately 20 feet, causing injuries to his leg.

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