Kim v. Allstate Insurance

The lead opinion fails to answer the key question: Was there a genuine issue of material fact that the representation on which plaintiff relied was false? Because the record before the trial court revealed no such issue, it properly granted summary judgment for defendant. Therefore, I dissent.

Plaintiff was riding in a car driven by defendant’s insured when it was struck by a car driven by an uninsured motorist. Defendant’s policy afforded plaintiff personal injury protection (PIP) coverage up to $5,000 for one year from the date of the accident, plus uninsured motorist coverage up to $25,000.…