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Personal Injury Insurance

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

7th Circuit Affirms Plaintiff’s Own Estimates of Class Size Can Satisfy CAFA

In Roppo v. Travelers Commercial Insurance Company, the Seventh Circuit held that even after a motion to remand CAFA removal jurisdiction can be sufficiently established by a defendant’s “good faith estimates” of the amount...more

Politicians pushing Michigan No Fault reform got $250K from insurance industry

by Michigan Auto Law on

Campaign contribution data shows House Insurance Committee Republicans who favor No Fault car insurance reform have received $253,075 from insurance industry...more

Duggan, Leonard Michigan No Fault PIP Cap is $25K — not the $250K they promise

by Michigan Auto Law on

Detroit Mayor Mike Duggan Repeat after me: There is no $250,000 cap on No Fault car insurance under Detroit Mayor Mike Duggan’s and Tom Leonard’s new No Fault reform plan that was announced yesterday....more

Michigan No Fault Auto Insurance Benefit Denials up 236%

by Michigan Auto Law on

Insurers scream “No-Fault fraud,” even as they cause huge spike in Michigan No-Fault benefit denials and cut-offs of car crash victims - There’s going to be a number of No-Fault reform legislative proposals expected to be...more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

by Pessin Katz Law, P.A. on

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

Detroit News gets facts wrong on No-Fault car insurance reform

by Michigan Auto Law on

Detroit News editorial on reforming No-Fault law makes up facts, avoids reality of how No-Fault system works - The Detroit News at least got the title of its Tuesday editorial correct when it said, “Make auto insurance...more

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

by Carlton Fields on

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more

Defence & Indemnity - August 2017: I. Insurance Issues: Funk v. Wawanesa Mutual Insurance Company, 2017 ABQB 308, per Simpson, J....

by Field Law on

I. INSURANCE ISSUES A. The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to...more

The Uninsured Motorist Law is “Stacked” Against Us! Time to Allow “Stacking” in California.

Woodland Hills personal injury attorney Barry P. Goldberg has become a leading authority on Uninsured and Underinsured Motorist Law in California. “Stacking” Uninsured Motorist policies is not permitted in California and the...more

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

FREEP exposes more auto accident attorney kickbacks, No-Fault fraud

by Michigan Auto Law on

Will newest allegations finally get Michigan Attorney Grievance Commission to look into auto accident attorney fraud, kickbacks and illegal solicitation of auto accident victims in Detroit?...more

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

by Nexsen Pruet, PLLC on

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more

Statutory Duties to consider in Underwriting (including some that deal with animals)

by Pessin Katz Law, P.A. on

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

Health Alert (Australia) 14 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 August 2017 - Inquest into the Death of Stephen Herczeg 57/2016 (1808/2016) - The said Court finds that Stephen Herczeg aged 72...more

Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

by Carlton Fields on

A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale and its insured – a contract to which...more

Are You Entitled to Diminished Value to your Vehicle after a Crash? Yes and No!

Woodland Hills personal injury attorney Barry P. Goldberg is asked by his clients almost daily whether they are entitled to “Diminished Value” of their vehicle after a crash. Obviously, a car repaired after a crash is never...more

Defence & Indemnity - June 2017 : INSURANCE ISSUES F. Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance...

by Field Law on

I. Insurance Issues: F. Where an auto insurer employs an insurance form (such as a policy, endorsement, or application,) that has not been approved by the Superintendent, the unapproved form will be interpreted by the...more

Defence & Indemnity - June 2017 : Insurance Issues E. Conradi v. Economical Mutual Insurance Co., 2015 ABQB 308, per Clackson, J....

by Field Law on

Insurance Issues E. For non-owned auto coverage under a standard Alberta SPN No. 1 auto policy coverage for the “Insured” is not restricted to the “named insured” but also extends to any other form of “insured” under the...more

Insurance Bad Faith – Genuine Dispute Doctrine

by Low, Ball & Lynch on

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

Defence & Indemnity - June 2017 : I. INSURANCE ISSUES A. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per...

by Field Law on

I. INSURANCE ISSUES A. Insurance policies are to be interpreted how an ordinary person would understand them such that, absent clear policy wording to the contrary, the interests of co-insureds are to be considered several...more

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

by Carlton Fields on

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

by Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

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