Understanding Supplemental Spousal Liability Insurance in NY
A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral...more
On October 8, 2014, the Centers for Medicare & Medicaid Services (“CMS”) withdrew its Notice of Proposed Rule Making (“NPRM”) from the Office of Management and Budget that was to address how Medicare’s future interests should...more
Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted -
Court Of Appeal, Fourth Appellate District (September 24, 2014)-
Many automobile policies have exclusions against coverage for...more
In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant.
On November 20, 2009, Chang Wang was involved in a motor...more
In Gianassi v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 142600 (M. D. Fla. 2014), the Middle District granted in part and denied in part State Farm’s Motion to Dismiss two counts of Plaintiff’s three-count...more
The emergence and success of ridesharing companies has sparked questions and debates over the gaps in insurance coverage created when private drivers offer commercial driving services. Ridesharing companies – such as Lyft,...more
While self-driving cars have the potential to significantly reduce auto accidents and injuries, autonomous and semi-autonomous vehicles do not fit neatly into the current motor vehicle and insurance regulatory regimes....more
In Sonson v. United Services Auto. Ass’n No. 35890 (Conn. Ct. App. Sept. 16, 2014), an automobile policyholder had to show that a “racing” exclusion did not apply, so he argued that Achilles could never overtake the tortoise...more
Consider that most drivers in California maintain the absolute minimum amount of insurance. The limits for the minimum are hardly adequate in about 50% of all accidents. That means it is very important to determine whether...more
Barry P. Goldberg has seen almost every possible circumstance arising from automobile accidents. Many cases involve insurance coverage issues ranging from whether a policy was in effect at the time of the accident to more...more
Managing a company’s exposure to new types of risks is often a complicated endeavor. We’ve previously reported on the uncertainty that can arise when existing coverage models are applied to a new risk—such as losses arising...more
The insurance requirements for transportation network companies operating in California, including Uber, Lyft and Sidecar, were increased under an amendment signed last week by Gov. Jerry Brown. The law requires drivers of...more
?AC35328 - Sola v. Wal-Mart Stores, Inc.
Trial court incorrectly refused to charge the jury that Walmart store had a non-delegable duty to maintain its floors in a safe condition for its patrons and could not defend a...more
The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway.
The Plaintiff was injured in an accident as...more
In California, if you let someone borrow your car, you are also essentially lending that person your car insurance, as car insurance generally follows the car and not the driver. Even if the friend who is borrowing your car...more
The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more
After he was rear-ended by a driver without insurance, the plaintiff in Maslo v. Ameriprise Auto & Home Insurance, No. B249271 (Cal. App. Ct. June 27, 2014) incurred $64,000 in medical expenses, but he filed a claim with his...more
Lewison v. W. Nat’l Mut. Ins. Co., Civ. No. 13-4031-KES, 2014 WL 3573403 (D.S.D. July 21, 2014).
The District of South Dakota grants in part and denies in part an insurer’s motion for summary judgment on two...more
If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more
A recent decision by the U.S. District Court in South Carolina confirms the state’s position as an outlier when it comes to whether an insurer that has a duty to defend can require other insurers to contribute to defense...more
Last week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627.
This was a judicial review of a Financial Services Commission of Ontario Director’s Delegate decision. The...more
Bill 15, introduced in the Ontario Legislature on July 15, 2014, is a combination of two earlier bills which died with the spring election call.
It is divided into 5 areas, being amendments to the Consumer Protection...more
In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were...more
Ted Maslo v. Ameriprise Auto & Home Insurance -
Court of Appeal, Second Appellate District (June 27, 2014) -
When an auto insurer and the insured cannot agree on the value of an uninsured motorist claim, either...more
The Ministry of Finance has engaged the accounting firm KPMG to provide annual reports to the government in 2014 and 2015 on a variety of issues relating to auto insurance, including the effect of the 2010 changes on the...more
Back to Top