Allstate Insurance Co. v. Hinchey

GERSTEN, Judge.

Appellant, Allstate Insurance Company (“insurer”), appeals an order granting a new trial because a witness’s comments violated a motion in limine. We reverse finding that the error was invited and ample evidence existed to support the jury verdict.

Appellee, Cynthia Torrence Hinchey (“Hinchey”), sued the insurer seeking damages under an uninsured motorist insurance policy. The complaint alleged that an unknown driver negligently forced Hinchey to run off the road and hit a tree. The insurer denied that an unknown driver caused the accident and raised the affirmative defense that…