CHARLESTON – A federal judge has granted a motion for summary judgment in favor of the defendant in a lawsuit against 21st Century Centennial Insurance Company for a car accident that caused injuries.
The court found that 21st Century offer of underinsured motorist coverage was commercially reasonable and thus effective, entitling 21st Century to the statutory presumption that failure to sign, date and return the form constitutes a knowing and intelligent waiver of the coverage, according to the Feb. 22 opinion and order.
“Pursuant to this presumption, the Court finds that [Rebecca] Massey knowingly and intelligently waived UIM coverage in her insurance application and is therefore not entitled to have the UIM coverage read into her insurance policy as a matter of law,” the order states. “The Court therefore grants 21st Century’s motion for summary judgment and denies Massey’s motion for summary judgment.”
Massey filed her lawsuit against Christopher Tully and 21st Century in Boone Circuit Court in 2015. It was removed to federal court on March 17, 2017.
Massey was injured in a car accident between herself and Tully on July 16, 2014, and she requested the policy limits of her policy with 21st Century.
She claimed that the defendant did not make a reasonable offer of underinsured motorist coverage and did not comply with West Virginia law.
Massey was represented by Harry M. Hatfield and Matthew M. Hatfield of Hatfield & Hatfield.
The defendant was represented by Robert L. Massie and Megan Basham Davis of Nelson Mullins Riley & Scarborough.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01922
