{"id":1091,"date":"2016-08-31T07:00:15","date_gmt":"2016-08-31T12:00:15","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1091"},"modified":"2018-04-12T12:38:26","modified_gmt":"2018-04-12T17:38:26","slug":"court-finds-car-insurance-companys-policy-ambiguous-finds-favor-injured-mother","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/court-finds-car-insurance-companys-policy-ambiguous-finds-favor-injured-mother\/","title":{"rendered":"Court Finds Car Insurance Company\u2019s Policy Ambiguous and Finds in Favor of Injured Mother"},"content":{"rendered":"<p>In a recent case, a woman and her two children were injured in a car accident with another motorist. The woman filed a lawsuit against the other driver for their injuries. More than three years after the car accident, the woman amended her complaint to add a claim against her insurance company, since\u00a0she believed that the other driver\u2019s policy would not fully cover her damages.<\/p>\n<p>The insurance company\u2019s policy required claims to be filed within three years of the accident, so the insurance company argued that the claim was barred because it was filed after more than three years. The woman put the insurance company on notice about two years after the accident that she would likely pursue an underinsured motorist claim. Yet she did not file it until later, when she believed the other driver\u2019s policy would be insufficient after pursuing the lawsuit against the driver.<\/p>\n<p>In a recently released <a href=\"https:\/\/law.justia.com\/cases\/indiana\/supreme-court\/2016\/45s05-1605-ct-253.html\" target=\"_blank\">opinion<\/a>, the state\u2019s supreme court held that the claim was not barred. It explained that while the insurance company\u2019s policy required lawsuits to be filed within three years, the insurance company also had a policy that it would only pay if the\u00a0underinsured motorist\u2019s insurance had been exhausted. Therefore, insured individuals were being told to file a lawsuit within three years, but at the same time they were being told not to file a lawsuit until other avenues were exhausted. The court explained that these two policies were in direct conflict with each other, and thus the policy was ambiguous. As a result, the court interpreted the terms in favor of the insured, allowing the case to continue against the insurance company.<\/p>\n<p> <a href=\"https:\/\/www.molllawgroup.com\/blog\/court-finds-car-insurance-companys-policy-ambiguous-finds-favor-injured-mother\/#more-1091\" class=\"more-link\">Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a recent case, a woman and her two children were injured in a car accident with another motorist. The woman filed a lawsuit against the other driver for their injuries. More than three years after the car accident, the woman amended her complaint to add a claim against her insurance company, since\u00a0she believed that [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28,44],"tags":[],"class_list":["post-1091","post","type-post","status-publish","format-standard","hentry","category-car-accidents","category-insurance-company-issues"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Court Finds Car Insurance Company\u2019s Policy Ambiguous and Finds in Favor of Injured Mother &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 31, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case, a woman and her two children were injured in a car accident with another motorist. The woman filed a lawsuit against the other driver &#8212; August 31, 2016\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.molllawgroup.com\/blog\/court-finds-car-insurance-companys-policy-ambiguous-finds-favor-injured-mother\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Court Finds Car Insurance Company\u2019s Policy Ambiguous and Finds in Favor of Injured Mother &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 31, 2016\" \/>\n<meta name=\"twitter:description\" content=\"In a recent case, a woman and her two children were injured in a car accident with another motorist. The woman filed a lawsuit against the other driver &#8212; August 31, 2016\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Moll Law Group\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Court Finds Car Insurance Company\u2019s Policy Ambiguous and Finds in Favor of Injured Mother &#8212; Illinois Injury and Mass Tort Lawyer Blog &#8212; August 31, 2016","description":"In a recent case, a woman and her two children were injured in a car accident with another motorist. 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