Bodoff, Grover and Versichelli Win Motion to Dismiss Four Causes of Action Against Automobile Insurer in an Underinsured Motorist Lawsuit

Stuart Bodoff, Keith S. Grover and Michael Versichelli won a motion to dismiss four causes of action against GEICO in an underinsured motorist claim.  After the injured motorist settled his claim against the tortfeasor, he commenced a lawsuit against GEICO to recover underinsured motorist benefits, but also alleged that GEICO acted in bad faith for failing to settle with him, that certain policy provisions were ambiguous, and that GEICO failed to procure a policy with higher limits than the ones on the policy.  In granting the motion, the judge agreed with our arguments that the policy was unambiguous, that the plaintiff failed to state a cause of action based in bad faith, and that GEICO was not liable for its alleged failure to procure a policy with higher limits.