Jackie Booker obtained summary judgment on plaintiff’s extracontractual claims in Jefferson County District Court. Plaintiff claimed underinsured motorist benefits were owed on a disputed liability motor vehicle accident where the insurance carrier was the same for both drivers. Plaintiff claimed that since the underlying lawsuit between the drivers was settled by the carrier, the carrier could not contest liability in the underinsured motorist case and that doing so constituted unreasonable denial of benefits and bad faith. The Court agreed with the carrier that the factual dispute over liability for the motor vehicle accident was reasonable as a matter of law and granted summary judgment in favor of the carrier on both the unreasonable denial of benefits and bad faith claims.
