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Motor Vehicle Law: Court follows the majority view and holds that it is legally sufficient for a defendant to raise as a special defense the plaintiff’s failure to mitigate his or her damages

The plaintiff claims to have sustained injuries and losses arising from a motor vehicle collision allegedly caused by the negligence of the defendant. The defendants asserted the following special defense: “The Plaintiff's claim is barred by his failure to mitigate…

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Insurance Coverage: Defendant’s motion for summary judgment granted after proving that applicable insurance policy contained a permissible provision reducing underinsured motorist benefits to the extent that the plaintiff receives workers’ compensation benefits

The defendant, CSAA Affinity Insurance Co., moved for summary judgment on the plaintiff’s claim for uninsured motorist coverage on the grounds that there is no genuine issue of material fact that the plaintiff has already recovered workers’ compensation benefits that…

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