Injury victim's claim against his Uninsured Motorist insurance turns into claim against his lawyer
Charles Jones was badly hurt when a semi-tractor rear-ended him. He sued the driver, who never answered and was defaulted. He did not sue the owner-employer, apparently. He then claimed Uninsured Motorist Coverage from Wolverine, his own company. Unfortunately, the process took too long, and Wolverine advised him that there was in fact one million dollars of liability coverage on the semi, if he had sued the owner-employer on a timely basis.
Jones argued that Wolverine owed a duty to identify the other insurer to his attorneys earlier, so that they would have been able to pursue the original claim within the three year statute of limitation. Wolverine contended that it had no duty to identify the "other" liability insurer until it received notice of Jones' UM claim--which was six years after the incident and too late for Jones to act against the original Defendant company.