VLA&S attorneys recently obtained a favorable result for our client in an Underinsured Motorist Claim (UIM). We were able to resolve the matter at Mediation, which occurred shortly before the UIM Arbitration was to commence. The settlement resolved all claims, including those alleging Bad Faith against the insurance carrier.
This claim is a reminder that UIM claims require a different strategy than typical 3rd party liability claims. The attorney representing the insurance carrier should continually reevaluate the UIM claim and must be mindful that the carrier is not limited to one medical examination pursuant to CCP 2032 (absent good cause for a second), and instead can rely on Insurance Code 11580.2(h) to request multiple medical examinations with the same and/or different medical specialties.