Auto Insurance

News & Analysis as of

Uber-Complicated: Insurance Gaps for Rideshare Vehicles Can Create Uncertainty for Passengers and Drivers

Many of us have come to enjoy the convenience of summoning a ride via our Smartphones with a rideshare service company such as Uber, Lyft, or Sidecar. However, significant issues exist over whether rideshare vehicles have...more

Pennsylvania: Public policy prevents punitive damages from being recoverable as compensable damages in bad faith or breach of...

In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of...more

Transportation Newsletter - January 2016

Illinois Appellate Court: A Contingent Automobile Liability Policy Is Not an Excess Policy - The Appellate Court of Illinois, First Judicial District, was recently confronted with the interpretation of a Contingent...more

California Court Holds No Coverage for Individual’s Use of a Non-Owned Auto

In Nationwide Mutual Insurance Company v. Shimon, 2015 Cal. App. LEXIS 1124 (opinion filed December 3, 2015; status changed from Unpublished to Published December 17, 2015), the California Court of Appeal for the Third...more

Autonomous Vehicles - How Will Regulators Keep Up With The Technology?

On December 16, 2015, the California Department of Motor Vehicles (CA DMV) issued draft regulations for the deployment (not just testing) of autonomous vehicles. When adopted, they may be the first such regulations in the...more

Donald L. Myles, Jr. and Ashley Villaverde Halvorson Prevail on Motion for Summary Judgment for Mid-Century Insurance Company...

Donald L. Myles, Jr. and Ashley Villaverde Halvorson recently prevailed on a motion for summary judgment for Mid-Century Insurance Company (Farmers), and were successful in limiting damages from a $3.3 million stipulated...more

Insurance Coverage – Exclusion for Non-Covered Automobiles “Regularly Available”

Nationwide Mutual Insurance Company v. Shimon et al. - Court of Appeal, Third Appellate District (December 17, 2015) - The exclusion of coverage for regular use of vehicles not included in the policy, sometimes...more

Court Holds That “Regular Use” Provision is Not Affected by Purpose of Trip for Car Used Exclusively by Family Member

In Nationwide Mutual Ins. v. Shimon (No. C071776, filed 12/3/15, ord. pub. 12/17/15) (hereinafter “Shimon”), a California appeals court affirmed judgment in favor of an auto insurer on a finding that coverage did not apply to...more

Employee Exclusion Applies to Independent Contractor Truck Driver

An auto insurer had no duty to defend a trucking company against an injured driver’s claim because the insurance policy excluded claims by “employees,” notwithstanding that the driver was technically an independent...more

Insurance Issues in the Sharing Economy

Last week, I co-moderated a panel discussion at the Bar Association of San Francisco entitled “Insurance Issues In The Sharing Economy.” We had a lively and informative panel discussion between Kate Sampson, Managing Director...more

Furnishing an insured vehicle for the “regular use” of a non-insured young driver is excluded from coverage!

Woodland Hills personal injury attorney Barry P. Goldberg is often confronted with attempts by families to side-step paying insurance premiums by allowing a family member to “borrow” a vehicle. Later they contend that the use...more

Medical Payments Coverage Can be Excluded if Your Car is neither “Owned” nor “Non-Owned” Under the Policy!

Woodland Hills Personal Injury Lawyer has an in insurance coverage expertise and sometimes has to explain the seemingly “unexplainable” to accident victims and insurance policyholders. Medical Payments coverage is a great...more

Merry Christmas! Insurers are increasingly using the “Drop Check” to settle your case for less.

Woodland Hills Personal injury attorney Barry P. Goldberg has seen insurer trends over the past three decades of representing injury victims. Early in his days of practice, insurers often utilized the “Drop Check” to attempt...more

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his...more

Common Mistakes to Avoid After a Car Accident

The moments directly following a car accident are sure to be filled with stress. Even a minor accident can be enough to leave drivers out of sorts and in a vulnerable position where it is all too easy to make poor decisions....more

Kansas: Safe harbor for insurer faced with settlement demand to only one insured

What should an insurance company do when liability of the insured is clear, the damages clearly exceed the limits, and the claimant sends a settlement demand that would exhaust policy limits while releasing only one out of...more

Strike Three: Antitrust Claims in Florida Auto Insurer Proceeding Dismissed With Prejudice

On September 23, District Court Judge Gregory Presnell (Middle District of Florida) dismissed the antitrust claims asserted by a class of auto body shops in A&E Auto Body v. 21st Century Centennial Insurance, this time with...more

Police and Adjuster Statements – Admissible or Not?

The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance...more

Autonomous Vehicles – Where in the (Insurance) World Will They Go?

Self-driving cars are coming. In fact, Tesla Model S owners woke up on the morning of October 15, 2015 to discover that a software download to the cars has made them capable of steering and changing lanes at high speed,...more

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

Connecticut Supreme Court Delivers $35 Million Body Blow to Body Shops

Auto insurers control the cost of collision repairs through the use of direct repair programs. The programs feature networks of auto body repair shops that enter into contracts agreeing to discount labor rates and other...more

Are Insurers Engaged in Deceptive Practices and Illegal Pricing? If so, what can be done about it?

We wish to call attention to a disturbing trend, that even in the highly regulated field of personal lines coverage, homeowners and auto policies, the insurance industry is engaged in courses of conduct designed to write...more

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

PRA updates on Solvency 2

PRA has published its update letter for all Solvency 2-affected firms. The letter reminds firms of PRA’s expectations with respect to: - transitional deduction to technical provisions; - the standard formula...more

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

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