Settlement Amount: $1,450,000.00
Attorney: David A. Kulwicki
Description of Case: The family of a man who died in a car accident while on a business trip collected $1.45 million in uninsured motorists (UM) benefits. This case is interesting in the fact that one of the UM insurance carriers contested coverage based on a policy endorsement that appeared to exclude coverage. The carrier removed the case to federal court and transferred it to federal court in New York in an effort to apply New York’s insurer friendly laws. B&M’s Dave Kulwicki countered that move by using a rarely used procedural measure to transfer the case directly to the Supreme Court of Ohio for consideration. Kulwicki successfully argued the case before the Supreme Court and thereby created new law that invalidated an insurance industry practice of excluding UM coverage on business insurance policies without adequate disclosure.
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