Table of Contents. Arbitrating and Litigating Disputes...27 Final Amounts Paid or Awarded...28 Bad Faith...30 Other...30

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1 Table of Contents Introduction... xi Foreword... xii DRI Mission, Diversity Statements... xiii DRI Officers...xiv Directors...xiv Alabama... 1 By Allan S. Jones Uninsured Coverages... 1 Limits... 2 When Is Coverage Available?... 3 Arbitrating and Litigating Disputes... 4 Final Amounts Paid or Awarded... 5 Bad Faith... 6 Other... 6 Alaska... 7 By Christina Rankin, Colin A. Strickland, and Josh Van Gorkom Uninsured Coverages... 7 Limits... 9 Arizona...11 By Daniel Maldonado Uninsured Coverages...11 Limits...13 When Is Coverage Available?...13 Arbitrating and Litigating Disputes...14 Final Amounts Paid or Awarded...15 Bad Faith...16 Other...16 Arkansas...17 By Staci Dumas Carson Uninsured Coverages...17 Limits...17 When Is Coverage Available?...18 Arbitrating and Litigating Disputes...19 Final Amounts Paid or Awarded...19 Bad Faith...20 Other...21 California...22 By Jennifer S. Muse, Colleen A. Déziel, and D. Damon Willens Uninsured Coverages...22 Limits...24 When Is Coverage Available?...24 Arbitrating and Litigating Disputes...27 Final Amounts Paid or Awarded...28 Bad Faith...30 Other...30 Colorado...31 By Jane E. Young Uninsured Coverages...31 Limits...32 When Is Coverage Available?...32 Arbitrating and Litigating Disputes...33 Final Amounts Paid or Awarded...34 Bad Faith...36 Other...36 Connecticut...37 By Claudia A. Baio and Jack G. Steigelfest Uninsured Coverages...37 Limits...38 When Is Coverage Available?...38 Arbitrating and Litigating Disputes...40 Final Amounts Paid or Awarded...41 Bad Faith...43 Other...43 Delaware...45 By Melissa L. Rhoads Uninsured Coverages...45 Limits...46 When Is Coverage Available?...46 Arbitrating and Litigating Disputes...47 Final Amounts Awarded or Paid...48 Bad Faith...49 District of Columbia...50 By Kelly M. Lippincott and James P. Steele Uninsured Coverages...50 Limits...51 When Is Coverage Available?...52 Arbitrating and Litigating Disputes...52 Final Amounts Paid or Awarded...53 Bad Faith...54 Other...54 Florida...56 By Kathy J. Maus and Julius F. Rick Parker III Uninsured Coverages...56 Limits...58 Uninsured Motorist and Underinsured Motorist Coverage Compendium v

2 When Is Coverage Available?...58 Arbitrating and Litigating Disputes...59 Final Amounts Paid or Awarded...60 Bad Faith...62 Other...62 Georgia...63 By Donna Overholt Willis Uninsured Coverages...63 Limits...64 When Is Coverage Available?...65 Arbitrating and Litigating Disputes...67 Final Amounts Paid or Awarded...67 Bad Faith...69 Other...70 Hawai i...71 By Craig D. Gremillion Uninsured Coverages...71 Limits...72 When Is Coverage Available?...72 Arbitrating and Litigating Disputes Final Amounts Paid or Awarded...75 Bad Faith...76 Other...77 Idaho...78 By Robert A. Anderson Uninsured Coverages...78 Limits...79 When Is Coverage Available?...79 Arbitrating and Litigating Disputes...80 Final Amounts Paid or Awarded...80 Bad Faith...82 Other...82 Illinois...83 By Randall Mead Uninsured Coverages...83 Limits...85 When Is Coverage Available?...86 Arbitrating and Litigating Disputes...89 Final Amounts Paid or Awarded...90 Bad Faith...92 Other...93 Indiana...94 By John C. Trimble, Lewis S. Wooton, Eric C. McNamar, and Michael R. Giordano Uninsured Coverages...94 Limits...95 When Is Coverage Available?...96 Arbitrating and Litigating Disputes...97 Final Amounts Paid or Awarded...98 Bad Faith Other Iowa By Brenda K. Wallrichs and Abhay M. Nadipuram Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Kansas By Stanford J. Smith, Jr. Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Kentucky By Luke A. Wingfield Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Louisiana By Harold J. Adkins Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Maine By Jonathan M. Dunitz Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes vi Uninsured Motorist and Underinsured Motorist Coverage Compendium Table of Contents

3 Final Amounts Paid or Awarded Bad Faith Maryland By Kelly M. Lippincott and James P. Steele Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Massachusetts By Kevin M. Truland Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Michigan By Mitchell E. McIntyre Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Minnesota By Andrea E. Reisbord and Beth A. Jenson Prouty Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Mississippi By Thomas L. Carpenter Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Missouri By Kevin E. Myers Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Montana By G. Patrick HagEstad and Tim E. Dailey Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Nebraska By Karen (Weinhold) Bailey Uninsured Coverages Limits When Is Coverage Available Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Nevada By Michael C. Mills Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other New Hampshire By Jonathan M. Dunitz Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Uninsured Motorist and Underinsured Motorist Coverage Compendium Table of Contents vii

4 New Jersey By Julie P. Apter Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other New Mexico By Courtenay L. Keller, Tiffany L. Sanchez, and Todd J. Bullion Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other New York By Jennifer A. Ehman and Cassandra A. Kazukenus Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other North Carolina By Allen C. Smith and David L. Levy Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other North Dakota By Tiffany M. Brown and Matthew P. Lawlyes Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Ohio By Melanie Morgan Norris and Andrew P. Smith Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Oklahoma By Matthew B. Free Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Oregon By Bryana L. Blessinger Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Pennsylvania By Joel Max Eads and Katharine J. Thompson Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Rhode Island By John F. Kelleher Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded viii Uninsured Motorist and Underinsured Motorist Coverage Compendium Table of Contents

5 South Carolina By William P. Davis Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other South Dakota By Mark J. Arndt and Adam R. Hoier Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Tennessee By Michael Mansfield and James V. Thompson Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Texas By Christopher W. Martin Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Utah By Rafael A. Seminario Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Vermont By Jonathan M. Dunitz Is UM/UIM coverage mandatory or Is uninsured motorist property damage ( UMPD ) coverage mandatory or Is uninsured motorists economic only ( UEO ) coverage mandatory or Does Vermont have any other uninsured coverages that are mandatory or Must the UM/UIM limits match the liability limits for bodily injury? Must the UMPD limits match the liability limits for property damage? Are there minimum limits for UEO coverage? Are there limits for other uninsured coverages that are mandatory or discretionary in Vermont? Under what circumstances is UM/UIM coverage available? Under what circumstances is UMPD coverage available? Under what circumstances is UEO coverage available? Under what circumstances is coverage available for any other uninsured coverages? Is arbitration of UM/UIM/UMPD claims allowed, or specifically prohibited? What requirements must an insured claimant satisfy in order to file suit against, and serve, and insurer for UM/UIM/UMPD coverage? Can offsets against the UM/UIM/UMPD limits be taken? Are offsets taken from UM/UIM/UMPD limits or from total damages? Can the insurer take offsets for medical payments, workers compensation, or no-fault insurance? What liens, if any, can be asserted against the insured claimant s recovery of UM/UIM? Can different limits be stacked? Can the UIM insurer substitute its settlement payment for the insured s settlement with the other vehicle s/underinsured driver s liability insurer? Does Vermont recognize a cause of action for bad faith in the UM/UIM context? Uninsured Motorist and Underinsured Motorist Coverage Compendium Table of Contents ix

6 Virginia By John B. Mumford, Jr. and Lindsay Lankford Rollins Is UM/UIM coverage mandatory or discretionary? Must the UM/UIM limits match the liability limits for bodily injury? Must the insured reject matching UM/UIM limits in writing? Under what circumstances is UM/UIM coverage available? What coverage defenses may an insurer assert? Is arbitration of UM/UIM claims allowed or specifically prohibited? What requirements must an insured claimant satisfy in order to file suit against, and serve, an insurer for UM/UIM coverage? Can offsets against the UM/UIM coverage limits be taken? Are offsets taken from the UM/UIM coverage limit or from total damages? Can the insurer take offsets for medical payments, worker s compensations or no-fault insurance? What liens, if any, can be asserted against the insured claimant s recovery of UM/UIM? Can different limits be stacked? In UIM claims, can the UIM insurer substitute its settlement payment for the insured s settlement with the other vehicle s/ underinsured driver s liability insurer? Does the state recognize a cause of action for bad faith in the UM/UIM context? Particular UM/UIM issues unique and/or specific to Virginia Washington By Gregory S. Worden Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid Or Awarded Bad Faith Other West Virginia By Laurie C. Barbe and Katrina N. Bowers Uninsured and Underinsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Wisconsin By Timothy M. Johnson Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Wyoming By Amanda (Mandy) M. Good Uninsured Coverages Limits When Is Coverage Available? Arbitrating and Litigating Disputes Final Amounts Paid or Awarded Bad Faith Other Contributors Contributors Bios x Uninsured Motorist and Underinsured Motorist Coverage Compendium Table of Contents