Plaintiff v Defendant (a UM claim)

Susan Kent (Palm Beach, FL) (Automobile Liability) represented a carrier in a UM claim where the insured claimed he was run off the road by a phantom vehicle in Alabama. Ms. Kent and attorney James Potts from Vernis & Bowling’s Birmingham Alabama office, tracked down and obtained sworn testimony from all the eye witnesses to the accident, including two who were not listed on the police report. The witnesses testified that no phantom vehicle was involved in the crash. Prior to the depositions of these eyewitnesses, the insured withdrew his UM claim, agreed to relinquish all his insurance policies with that carrier, waived his right to make any further accrued claims against that carrier, and agreed to never again apply for insurance with that carrier. In exchange, the carrier waived its right to seek fees and costs against the insured.