Scholarship Application

THE SIMON LAW FIRM PC SCHOLARSHIP

Scholarship Award

$1,000

Application Instructions

Write an essay, memorandum of law, or a legal brief detailing your argument for why an independent insurance broker should be legally liable to their customer when they advised the customer to buy "traditional" reducing Underinsured motorist coverage as opposed to added on Underinsured Motorist Coverage. This essay should not exceed 7 pages.

For this application please include the following identifying information:

Name:

Year in law school:

Current Address:

Undergraduate Institution:

Class Rank:

Fact Pattern

Your client is a 25 year old female waitress who was involved in a bad car accident wherein she broke her femur. Her case is agreed to be worth $250,000 as an abstract statement of value. The driver who hit her had insurance coverage of $50,000.

Your client had an independent insurance broker (as opposed to a captive broker for Progressive or Allstate) and had requested the broker get her good insurance coverage for a good price including underinsured motorist coverage. The broker got her a $100,000 liability policy with $100,000 in reducing Underinsured Motorist coverage which was labelled  as "traditional coverage" in the literature.

In Georgia, you can have underinsured motorist coverage of the "reducing" variety, that is it gets an offset for the amount of coverage that the at fault driver has.  This is the policy that was written so she gets $50,000 from the at fault insurance and $50,000 from her UM insurance ($100,000-$50,000=$50,000)

The better variety of Underinsured Motorist insurance is "added on" or excess insurance where the UM is added on top of the at fault motorists coverage. If that were what she had, she would be able to recover $150,000 in compensation for the injuries and lost work. (Read OCGA Sec. 33-7-11 (D)) The difference in premium payment is $10.00 a year.

Review Georgia cases relating to the duty of an independent insurance agent and discuss in what circumstances the agent would be liable to the injured driver for getting reducing coverage as opposed to added on coverage. What communication would make the broker liable? In what circumstances would they not be?  Review J Smith Lanier & Co. v. Southeastern Forge, Inc. 280 Ga 508 (2006) and the Appellate cases that preceded it. Feel free to discuss other Georgia authority on the subject.

Submission

Deadline for submission: July 30, 2014

By Email: cms@christophersimon.com

By US Post at Mailing Address:

Christopher M. Simon

The Simon Law Firm PC

3535 Piedmont Road

Building 14 Suite 410

Atlanta GA 30305

 

Client Reviews
  • My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected.
    ★★★★★
  • A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up.
    ★★★★★
  • I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!!
    ★★★★★
  • Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris
    ★★★★★
  • Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case.
    ★★★★★