Meloney Perry secured an appellate win in the Tenth Circuit Court of Appeals involving a breach of contract case against GEICO. David Tucker (insured) of Colorado filed the case against GEICO after his claim for underinsured motorist benefits (UIM) was denied due to an acting agent rejecting UIM coverage on his behalf. Tucker argued Colorado law required each insured to reject UIM coverage; therefore, one named insured could not reject coverage for another insured. GEICO filed a motion for summary judgment arguing one named insured could reject coverage for other named insureds.
The district court agreed with the carrier, granted its motion for summary judgment and dismissed the case. Tucker appealed the district court’s order to the Tenth Circuit Court of Appeals, which affirmed the summary judgment in favor of GEICO.
The case is David Tucker v. Government Employees Insurance Company, No. 14-1192 D.C. No. 1:13-CV-01049 United States Court of Appeals Tenth Circuit.