Auto Insurance

News & Analysis as of

Bill 15 – New Auto Insurance Legislation

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

The Court of Appeal’s Most Recent Comment on Jurisdictional Issues

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

Insurance Coverage – Bad Faith – Uninsured Motorist Arbitration

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

Ministry of Finance Auto Review

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

Seventh Circuit Confirms: In-House Insurance Lawyers Are as Good as the Name-Brand Product

In 2012, a plaintiff who challenged State Farm’s practice of using in-house attorneys to defend its auto insureds against third-party claims asserted that in-house lawyers constitute "a different … product" from the type of...more

Auto Repair Shop Antitrust Actions May Be Consolidated into Multidistrict Litigation

Over the course of the last several months, auto body repair shops in five states (Florida, Mississippi, Indiana, Utah and Tennessee) filed antitrust actions against a collection of auto insurers, alleging that the insurers’...more

Leave it to Beaver: Arizona Court of Appeals Validates “Relative Definition” of Insured Which Precludes UIM Coverage

If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App....more

California Court Allows Uninsured Motorist Bad Faith Suit to Proceed

In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an...more

Digital Commerce & Payments Update

In this Issue: - Insights & Trends ..The Future of Regulation in the Digital Economy - Virtual Currency ..GAO Urges CFPB Participation In Virtual Currency Working Groups ..Trade Group White Paper...more

On the Road With Autonomous Vehicles and the Insurance Industry, Issue No. 2

State and Federal Regulations Pertaining to Autonomous Vehicles - While autonomous vehicles (AVs) are not yet a regular fixture on the nation’s roadways, policymakers, legislators and regulators have started to...more

Insurance Antitrust Legal News - July 2014 • Volume 3, Number 4

In This Issue: - COURT DENIES BLUES’ MOTION TO DISMISS IN RE BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (MDL 2406): On June 18, United States District Court Judge David Proctor (Northern District of Alabama)...more

Federal Courts Continue To Find Claims Adjusters Exempt

We have previously discussed how, over the past 10+ years, courts have increasingly recognized that insurance claims adjusters are exempt under the Fair Labor Standards Act (FLSA). The recent cases of Estrada v. Maguire Ins....more

The Problem with Service by Publication

It was a simple accident. He was simply unable to stop in time in heavy, rush-hour traffic and rear-ended the vehicle in front of him. After the accident was investigated and insurance information exchanged, he assumed the...more

Summary of California Appellate Decisions - June 2014

Insurance Coverage; Professional Services Exclusion; Completed Operations; Duty To Defend: North Counties Engineering, Inc. v. State Farm General Insurance Company (2014) 224 Cal.App.4th 902, 169 Cal.Rptr.3d 726...more

Can You Protect Yourself from California's Outdated Financial Responsibility Law?

Los Angeles Uninsured Motorist Attorney, Barry P. Goldberg, represents insured accident victims on a regular basis. Many of these insured clients honestly believe that they have "full coverage" and are adequately protected if...more

One More Thing to Worry About with Teen Drivers

The new teen drivers are out in force for the summer season, giving their parents a lot to be anxious about. Among the countless fears parents have every time their teen takes the wheel should be their own liability....more

Williams v. Pintar; Jevco Insurance Company, Third Party, 2014 ONSC 1606

The traditional view has been that a motor vehicle accident victim had no right to claim directly against the at-fault motorist insurer until Judgment was obtained. Section 258(1) of the Insurance Act permits a non-party to...more

Automobile Insurance Fraud and How to Protect Yourself

Fraud occurs when an individual knowingly and intentionally lies to obtain a benefit or advantage to which he/she is not actually entitled or when an individual knowingly and intentionally denies a benefit to someone who is...more

Can a Settlement Offer by an Insurer Lead to Treble Damages?

Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices....more

How Much Uninsured Motorist Insurance Should I Buy? Ask a Lawyer Not an Insurance Salesman!

Los Angeles Uninsured Motorist attorney, Barry P. Goldberg, is asked this question all the time. In fact, month in and month out, "How much Uninsured Motorist Insurance Should I Buy?" is by far the most visited page on my...more

On the Road With Autonomous Vehicles and the Insurance Industry, Issue No. 1

Autonomous vehicles (AVs) are no longer a futuristic concept, but a present day reality. Automobile manufacturers and software companies – Google in particular – have created driverless cars that are being tested on public...more

What Do I Do After a Hit and Run?

As you may have experienced firsthand, hit and run accidents are all too common in the San Fernando Valley. What do you do if you or a loved one suffers a personal injury or property damage in a hit and run? Is there any...more

What to Do if You Are Involved in a Hit-and-Run Accident

A driver may flee a motor vehicle accident for a variety of reasons. She or he may have an outstanding arrest warrant, have a suspended driver’s license, have no insurance or be impaired by drugs or alcohol. Leaving the scene...more

FIO Focus, Issue No. 53: Legislation Allowing Service Members to Maintain Auto Insurance Policies

Devoted to exploring the progress of the modernization of the insurance industry, FIO Focus provides information and insights about the organizations and issues that are driving change and influencing the future of the...more

Liberty Mutual Achieves Total Knockout of Progressive Patents in Series of Post-Grant CBM Proceedings

A recent dispute involving major automobile insurance companies resulted in the invalidation of five patents through the initiation of post-grant Covered Business Method Patent Review proceedings. The dispute demonstrates...more

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