Essman v. General Accident Insurance Co. of America

OPINION

STONE, Justice.

This insurance case presents the issue of whether an insured, a defendant in a separate lawsuit who settled with the plaintiffs, may later bring suit for contractual damages against her insurer for denial of uninsured/underinsured motorist (hereinafter “UM”) benefits. In granting a partial summary judgment in favor of General Accident Insurance Company (hereinafter “General Accident”), the trial court answered this question in the negative. We agree with the trial court. Accordingly, we affirm the partial summary judgment.

FACTUAL & PROCEDURAL BACKGROUND

On September 19,…