Allstate Fire and Casualty Insurance Co. v. Alfred
The court agreed that the insurer's affirmative defense of offset for payment of PIP benefits was one on whcih the insurer did not present any evidence and did not request a jury instruction. The insurer's post-jury verdict attempt to reopen the evidence was denied in light of the insurer's lack of diligence on the issue.
automobile liability insurance policy, offset, personal injury protection benefits, uninsured motorist coverage, UM/UIM, non-duplication of benefits clause, motion for entry of judgment, waiver of offset, motion to reopen evidence, affirmative defense
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