Loughlin FitzGerald obtains judgment for client over underinsured motorist insurance “consent-to-settle” issue

By James E. Ringold

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Last Modified on Jun 15, 2026

Every driver has car insurance, but the actual insurance policies themselves are complicated contracts for a layperson to understand. If you’re involved in an accident and have a potential claim, understanding the finer points of insurance law can be critical to ensuring your rights are protected, so we strongly encourage you to retain experienced counsel, like Loughlin FitzGerald, to help and advise you.

In one recent example—Hoffman v. Preferred Mutual Ins. Co., NNH-CV24-6146373—Loughlin FitzGerald was able to use that knowledge to a client’s great benefit. “Under-insured motorist” (UIM) insurance is an insurance protection you may not even realize you’ve paid for as part of your car insurance, but you likely have. In simple terms, it provides you with added insurance protection if you’re involved in a car accident and suffer injuries that go above-and-beyond the insurance covering the person who hit you. So, for example, if you are struck by a driver who has just $25,000 of insurance—but (i) you suffer injuries worth more than that and (ii) you have, say, $100,000 of UIM insurance—you may be able to pursue your own UIM insurance for added coverage, up to the limits of your own policy (in that example, up to another $75,000, depending on the value of your claim).

However, like all insurance issues, UIM claims can be complex. There may be time limits or other requirements that you don’t know about. For example, the Massachusetts UIM policy in Hoffman had a ‘consent-to-settle’ provision, requiring a claimant to get the insurer’s consent to settle with the other driver before they could seek UIM coverage. Unfortunately, the plaintiffs in that case—who we did not represent—did not do so. Loughlin FitzGerald—representing the insurance company in that case—successfully argued that, as a result, those individuals had breached the insurance policy and the Court agreed: awarding summary judgment to the insurer as a result.

These kinds of problems may be avoidable with experienced counsel at your side, so if you’re involved in any kind of motor vehicle accident, please give the Loughlin FitzGerald team a call (203-265-2035) as soon as possible so we can guide you through the process. Even if you think the other driver doesn’t have enough insurance to cover your injuries, you may have this type of UIM claim available to you as well!

About the author: James E. Ringold

Attorney at Loughlin FitzGerald, P.C.

James E. Ringold is a litigator whose practice focuses on personal injury cases—including those involving catastrophic injuries or wrongful death—pending in Connecticut’s state and federal courts. His cases often involve motor vehicle accident and premises liability claims, but he has also represented individuals, small businesses, municipalities, utility companies, and others in a variety of matters. He has experience with every step of the litigation process from beginning to end, including pre-suit negotiations; drafting complaints; preparing and arguing pre-trial motions; conducting written discovery and depositions; settlement negotiations; and trial, when necessary. He has also authored appellate briefs on matters argued before the Connecticut Appellate Court, Connecticut Supreme Court, and U.S. Court of Appeals for the Second Circuit. Jim has been selected as a Connecticut ‘Rising Star’ for eight straight years (2019-2026).

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