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Leave Me Out of It: Court of Appeals Favors Contract Enforcement over Judicial Economy and Holds that UIM Claims May Not Be Ripe While Claim on Underlying Policy Still Being Litigated
Strauss, unpublished, is not binding authority, however, the decision reiterates the established principle that the rules of contract interpretation apply to the interpretation of insurance contracts.
Strauss can be used to support dispositive motions in cases where a plaintiff has sued the underlying insured and sued for UIM benefits in one lawsuit. The holding in Strauss indicates that insurers should not be forced to litigate claims that are not “ripe” under the terms of the insurance contract.
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