An insured injured by an uninsured driver signs a release with that driver for $3,000 without telling her own insurer. Her uninsured motorists claim:
Explanation
Part C withholds coverage from an insured who settles with a party who may be liable without the insurer's consent and thereby destroys its right to recover. Simply deducting the $3,000 assumes the insurer still has a claim against the uninsured driver, but the release has extinguished it. Arbitration settles the amount of a disputed claim; it is not a cure for a broken subrogation right.
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