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Several young men were traveling together for a business training course when they came to a train tracks just as the “Warning Arm” was coming down. Our client, who was a passenger in the back stated that one of the other passengers told the driver, “go around the warning arm, otherwise we are going to be sitting here all day long”. They almost made it through the intersection when the train collided with the back of the vehicle killing the driver and severely injuring the passengers. The driver’s policy was not sufficient to cover all the passenger’s claims. It is at that point they we made a claim with each passengers own automobile policy under their Underinsured Motorist Coverage.

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