Auto Insurance

News & Analysis as of

Don’t Settle for the Insurance Company’s Offer

If you’ve ever filed a claim with an insurance company after being injured in a car accident, you know firsthand how quick they are to deny and/or diminish your injuries. The insurance company’s objective is to offer you as...more

Defence & Indemnity - April 2016: II. LIABILITY ISSUES

Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss. Fernandes v. Araujo, 2015 ONCA 571 [4179]...more

Non-Owner of Vehicle Gets in Accident: Who is Liable?

If a person loans his/her car to someone such as a relative, friend, or a designated driver, and the driver gets in an accident, the owner may be liable for any fatalities, injuries, or damages. A motorist who is not the...more

In An Accident? Don’t Be Caught Unaware | Auto Accident Attorney

As an auto accident attorney I have noticed that with the New Year, several auto insurance companies began recycling a tactic to deprive accident victims of the fair compensation to which they are entitled. This has been used...more

Insurers Gain Additional Dismissals in the Florida Auto Body Action

In early 2014, a group of Florida auto body shops sued the leading auto insurers in their state, alleging that the insurers had conspired to suppress the amounts the auto body shops received in reimbursement rates. The case,...more

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant...more

Do You Have to Use the Insurance Company’s Preferred Body Shops?

If a vehicle is repairable after an auto accident, it will be necessary to take it to a body shop for a repair estimate. The insurance company that’s handling the accident claim may suggest their preferred body shops for...more

Settling a Car Accident Case: Drafting Your Demand

You’re representing someone injured in a car accident and you’ve reached the point at which you’re ready to send a demand letter to communicate a settlement offer to the defendant’s insurance carrier. But what should that...more

Sloppy Claims Handling Exposes Insurer to Bad Faith Claims

A Geico insured, with a $10,000/$20,000 liability policy, was involved in a three-car collision resulting in the death and serious injury of two occupants in one of the vehicles. The insured reported the accident to Geico the...more

Tenth Circuit Reverses UM/UIM Coverage Notification Class Certification

The named plaintiff in Soseeah v. Sentry Insurance had a Sentry auto policy. She declined UM/UIM coverage when she initially purchased her policy, and renewed annually thereafter. In 2010, the New Mexico Supreme Court held,...more

Insurance and Liability: What You Need to Know if You Are Injured in an Automobile Accident

It's an unfortunate fact, but each year over 100,000 people are injured in automobile accidents in North Carolina, and statistics suggest that nearly every driver will be involved in at least one automobile accident during...more

Happy Birthday William Shakespeare!

April 23rd will be the anniversary of William Shakespeare’s birth in 1564. He died on the same date in 1616, making this the 400th anniversary of his death. Actually, the exact date of his birth is unknown, but it is...more

Pulido v. AAA Insurance, Defense Verdict Obtained by Jones Skelton & Hochuli

Michael Halvorson and David Potts, attorneys at Jones, Skelton & Hochuli, obtained a defense verdict in favor of AAA Members Insurance Company in a two-week trial concerning a pedestrian-vehicle accident near Pinnacle High...more

Florida Supreme Court Holds that UM Insured is Entitled to Liability Determination and Full Extent of Damages Before Filing a Bad...

Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of...more

Sensor system technology to track a driver’s every move

A new, proprietary sensor system technology has arrived on the market that can track drivers using cameras and sensors, including whether the driver is speeding or turning without signaling, or even data such as the driver’s...more

How General is “General Aggregate?”

Although the terms are often used interchangeably, there are several key differences between umbrella and excess coverage. One such distinction is that an umbrella policy can apply to multiple underlying policies. This makes...more

Price Optimization Class Actions Produce First Rulings

In recent weeks, two courts ruled on motions to dismiss the first wave of class action lawsuits based on alleged price optimization of auto insurance rates. In both Stevenson v. Allstate Ins. Co., No. 15-cv-04788 (N.D. Cal....more

My Uninsured Motorist Accident Occurred in another State, Does California Uninsured Motorist Law Apply?

Woodland Hills personal injury attorney Barry P. Goldberg is also known as “The Los Angeles Uninsured Motorist Attorney” because he has written extensively on the topic, has handled thousands of Uninsured and Underinsured...more

Supreme Court Of Wisconsin: Insurer Breached Duty To Defend And Lost Contribution Rights By Ending Defense After Settling Partial...

The Supreme Court of Wisconsin recently addressed the consequences of an insurer partially settling the underlying plaintiff’s claim for less than its full limit of liability and withdrawing its defense of the insured. The...more

Sharp Curve Ahead: Autonomous Vehicles and Insurance Companies

The impact that autonomous vehicles will have on the insurance industry is speculative, at best. Case-in-point, over lunch recently, several of my colleagues and I had a discussion about the impact that autonomous vehicles...more

UK Financial Regulatory Developments - March 2016 #6

FS-CP publishes banking culture paper - FS-CP has published a position paper on banking culture, commissioned from the Personal Finance Research Centre at the University of Bristol, to find out how individual bank...more

You Should Know - March 2016

10 Tips for Reviewing Your Policy - Will Your Auto Insurance Be There When It Matters Most? Chances are one in 50 you will be involved in a car accident this year… or almost guaranteed during your lifetime. You...more

Compliance With Medicare Secondary Payer Act At Issue In Auto Insurance Case

A recent decision in the District of New Jersey addressed an auto insurer’s obligations to comply with the Medicare Secondary Payer Act. Auto insurers may wish to review their practices and procedures in light of this...more

Defence & Indemnity - February 2016: “Dependent Relative” in an SEF 44 policy requires proof of financial dependence

Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J. - I. FACTS AND ISSUES - The plaintiffs Gurchet Singh Bilg (“Gurchet”), Harkamal Singh Rasode (“Harkamal”) and Sukhsimrit Singh (“Suksimrit”) were...more

Defence & Indemnity - February 2016: Insurance Issues: Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...

Future CPP benefits fall under the definition of “any policy of insurance” and are therefore deductible from amounts payable by SEF 44 insurers - Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...more

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