Humphrey v. Nationwide. Richardson Law Group successfully obtained summary judgment for their client on a novel auto insurance coverage issue in federal court. The Plaintiff moved in with her boyfriend. The boyfriend then had her and her car added to his policy, but she was not the policyholder and was not related to the policyholder. The Plaintiff’s shopping cart was struck by a vehicle in the parking lot as she was exiting a grocery store, allegedly injuring her Achilles tendon as she fell with the cart. The Plaintiff had already been treating for an unrelated injury to her Achilles tendon. After the accident, she underwent surgery and settled with the driver who hit her shopping cart for his policy limits. The insurer for the Plaintiff’s vehicle denied her claim for underinsured motorist benefits. The Plaintiff filed suit against her insurer making both underinsured motorist and bad faith claims. After discovery and a deposition were conducted, the court agreed that the policy did not provide underinsured motorist coverage for the Plaintiff, who was not the policyholder, not related to the policyholder, and not occupying a covered vehicle. Therefore, all claims, including the bad faith claim, were dismissed.
