Missouri Injury Lawyers Blog

Underinsured motorist coverage typically provides coverage if someone is injured in an automobile collision caused by someone who does not have enough liability coverage to cover the damages to the injured party. Unlike the requirements for uninsured motorist coverage, Missouri statutes do not mandate underinsured motorist coverage. Therefore, the amount of coverage available to an injured party is determined by the contract of insurance entered between the insurance company and the consumer.

Insurance companies are required to write policies that are clear and unambiguous. The policies should be construed so that an "ordinary person of average understanding" could reasonably interpret the policy and understand the coverage it provides. If the insurance policy is ambiguous and confusing to the average consumer, the courts will interpret the policy language to provide the most possible coverage for the consumer.

That is exactly what happened in the recent cased handed down by the Missouri Supreme Court in Richie v. Allied Property & Casualty Ins. Co., Case No. SC90085 (Mo banc Nov. 17, 2009). The injured party was hurt while riding in a vehicle he did not own. One clause of the insurance policy provided that his underinsured motorist coverage was "excess" if he was injured in a non-owned vehicle. However, another clause in the policy conflicted with this provision and seemed to not allow the coverage. The Supreme Court determined that the policy, when read as a whole, was ambiguous and confusing to the average consumer. Because insurance companies are required to write clear insurance policy provisions, the court ruled in favor of the insured and against the insurance company. The injured party was able to collect nderinsured motorist coverage that he had paid for on multiple vehicles because he was injured in a non-owned vehicle and the insurance policy was unclear.

If you are injured in an automobile collision and think that you may have insurance coverage, but your insurance company denies your claim, you should seek competent legal advice. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, have considerable experience representing injured consumers who have purchased insurance coverage to protect themselves financially in the event of an accident, but the insurance company denies their claim. We understand your situation and will work closely with you to evaluate your coverage and determine the best course of action for your situation.

Recently a man from Theodosia, Missouri was injured in a car accident in Taney County. George Emerick was headed westbound on Highway 76 outside of Branson when an oncoming car crossed the centerline and hit him head on. The driver of the car that hit him fled the scene. See the Springfield News-Leader story, "Man Injured in Taney County Accident."

The driver of the car who hit Mr. Emerick is in serious trouble if the authorities are able to locate him. He would be ticketed not only for causing the crash, but it is a criminal offense to leave the scene of an accident. But what happens if that driver cannot be found? Whose insurance pays? Uninsured motorist coverage may cover this claim. To learn more read Uninsured Motorist Coverage on the Injury and Insurance Blog.