ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Summary Judgment in Underinsured Motorist Claim
(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim.
Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result of the accident, even though he had a history of shoulder issues as well. His insurer requested that he undergo an Independent Medical Examination (“IME”), which he failed to appear for on multiple occasions. Thus, coverage was denied.
Plaintiff then sued both (1) the other driver for negligence, and (2) his own insurer for his UIM benefits. Zimmer Kunz successfully argued a Motion for Summary Judgment on behalf of the insurer that, as a matter of law, Plaintiff violated the terms of his insurance agreement by failing to submit to an IME, as required under the plain language of the agreement. After oral arguments, Judge William J. Martin entered an Order in favor of the insurer, dismissing it, with prejudice.
