Experience, expertise and common sense.
Think Before You Pay: Court of Appeals Rules That Insurer Was Not Deprived of Fair Trial nor Prejudiced
When an insurer has potential liability for more than one type of claim (i.e., PIP, UM, UIM, BI, etc.), an early priority must be to confirm that all claims are in lockstep with one another.
While payment of PIP benefits is not proof of a serious impairment for UM claims, a jury presented with such evidence and testimony will undoubtedly have a hard time separating the threshold injury standards. This is absolutely the case when the same insurer is responsible for multiple claims. Judges are reluctant to grant evidence precluding testimony limiting in limine requests during trial. This is precisely why pretrial motions in limine must be calculated, filed early, and appealed before trial, if necessary. Limiting issues, evidence, and testimony before trial is essential to achieving a favorable result.
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