Thomas, Thomas & Hafer’s Bill Markwardt Wins Summary Judgment for Automobile Insurance Carrier on First Party UM Claim

In a case before the Middlesex County New Jersey Superior Court, Attorney Bill Markwardt obtained summary judgment for an insurance carrier sued directly by its insured on a first-party uninsured motorist (UM) claim.  This case involved a traffic accident in which a phantom truck driver was alleged to have waved the Co-Defendant forward into the traffic lanes, and into the path of the Plaintiff’s oncoming vehicle.  The truck driver left the scene of the accident before the arrival of the police, leaving the client insurance carrier stuck with UM exposure, based upon the alleged negligence of the unidentified truck driver.

Winning summary judgment, Bill successfully argued that after the Co-Defendant was waved forward from a stopped position by the truck driver, the Co-Defendant paused to look both to the left and to the right before pulling further out into the traffic lanes.  The Motions Judge agreed that this “pausing” on the Co-Defendant’s part constituted an intervening act, which removed liability both from the unidentified truck driver, as well as from the client insurance carrier.

For more information on this case, please contact Bill Markwardt at (856) 334-0435 or wmarkwardt@tthlaw.com.