Recently, a state appellate court issued an interesting opinion in a personal injury case raising an important issue that frequently arises in Maryland car accident cases. Specifically, the case considered whether motorists were covered under a third party’s uninsured/underinsured motorist (UIM) coverage. Finding that the third party specifically rejected obtaining coverage for those other than the named individuals in the policy, the court rejected the plaintiffs’ claims.The Facts of the Case
The plaintiffs arranged to test-drive a car from a local car dealership. While they were out on the test-drive, another motorist rear-ended the plaintiffs. The plaintiffs were injured as a result of the collision and filed a personal injury lawsuit against the driver who hit them.
That driver, however, did not have sufficient insurance coverage to fully compensate the plaintiffs for the injuries they sustained in the accident. Therefore, the plaintiffs then named the insurance company that wrote the policy for the car dealership as a party to the case, seeking to obtain coverage under that policy’s UIM coverage.