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Mota v. National Union Fire Insurance Company of Pittsburgh

Court: SD Tx  03/20/2025  Underinsured Motorist Dispute Dismissed Where Video Evidence Contradicts Claimant's Testimony

A court of the Southern District of Texas overruled objections and adopted a magistrate's recommendation to grant an insurer's motion for summary judgment in an underinsured motorist policy dispute, finding that although sworn eye-witness testimony indicated first-hand that a vehicle had hit the insured vehicle and fled the scene, authenticated security footage showed that this did not occur and holding that a party's testimony may be disregarded when no reasonable jury could believe it when it is "blatantly contradicted" by the record.

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