JULY 2016

David Driscoll and Jeff Rose obtain a policy limits $100,000 recovery of uninsured motorist (“UM”) benefits following an April 3, 2016 incident in which an uninsured driver collided at high speed with the Toyota Avalon of an Aurora woman, causing severe injuries to her.  The injured woman’s auto insurer initially certified after the collision that the limit of UM coverage available under the policy was $25,000 per person.  In response to legal arguments made by Mr. Driscoll and Mr. Rose, the carrier reformed the policy to provide for a higher UM limit of $100,000.  The legal arguments related to the carrier’s inability to produce proof that it had offered in writing, before issuing the policy, higher UM limits to the insured, and that she had declined them.