Car insurance. Photo: BLACKWHITEPAILYN/Shutterstock.com Federal Judge Sides With Insured in Dispute Over Nationwide's UIM 'Clarifications'
"In short, Mr. McGuire is right. The prior policy's exclusion didn't exclude UM/UIM coverage for an unlicensed driver. And the one product policy clearly does," wrote U.S. District Judge Nicholas Ranjan of the Western District of Pennsylvania.
September 13, 2024 at 12:15 PM
6 minute read
In an underinsured motorist insurance coverage dispute, a federal judge in Pennsylvania determined an initial policy's stacking coverage waiver didn't apply to an operative insurance policy, finding "clarifications" to the policy's coverage were really reductions in coverage.
In a decision Wednesday, U.S. District Judge Nicholas Ranjan of the Western District of Pennsylvania granted plaintiff Eric McGuire's summary judgment motion, after he sued Nationwide Affinity Insurance Co. for breach of contract and statutory bad faith, over its decision to deny him stackable coverage following a motor vehicle accident. In the case, McGuire v. Nationwide Affinity Insurance Co. of America, the court determined the policy in question wasn't simply a "renewal" of the previous policy as alterations had been made, including reductions to UM/UIM coverage.
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