Holding out for More Fails

A plaintiff claiming entitlement to underinsured motorist benefits denied because he did not settle with the responsible party before attempting to make a claim for underinsured benefits on his own policy. The Tenth Circuit Court of Appeals decided that a plaintiff has to settle his/her claim with the liability carrier before underinsured motorist benefits are payable in Zbenger v. Allied Insurance Company. The lack of ripeness prevails and shows that it is not always beneficial to hold out for more. (http://law.justia.com/cases/federal/appellate-courts/ca10/10-1421/10-1421-2011-12-06.html).