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Auto Insurance Law:

Family not entitled to new UIM waiver following
change in liability coverage, Superior Ct. rules

(5/10/2023) -- A motorist who significantly increased his family’s liability coverage on their automobile insurance policy was not entitled to a new waiver of uninsured/underinsured coverage form, a Superior Court panel ruled in Smith v. Hartford Insurance Co. on April 27, 2004. In its 8-page decision, the Superior Court rejected the trial court’s opinion that because the Smiths increased the policy limits, they had purchased a new insurance policy, thereby requiring The Hartford to supply a new rejection form.

“It is not for the courts to second guess the rejection of coverage simply because coverage could have been afforded and the decision to reject coverage is later proven to be unwise,” wrote Judge Richard B. Klein.

The Court also upheld the trial court’s decision that the rejection form supplied by Hartford to the Smiths complied with the statutory requirements of the MVFRL.

The Court then remanded to the trial court for judgment to be entered in favor of Hartford on all issues.

A copy of the Court’s opinion may be found on the Appellate Court’s Web site

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