Auto Insurance

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Auto Insurance Company Claims | Accident Injury Attorney

As an experienced accident injury attorney I know that in their never-ending quest to maximize their profits, auto insurance companies experiment with various, at times questionable, tactics to deprive accident victims from...more

Autonomous Vehicles: A Case Study of Liability and Insurance

The crash of a vehicle operating in semi-autonomous or fully autonomous mode presents a headline-grabbing opportunity to question the technology and the pace at which it is being introduced. Every accident resulting in injury...more

No Right to Diminution in Value Damages Following First Party Payment for Costs of Vehicle Repair

In Baldwin v. AAA Northern California (No. A142217, filed 6/13/16), a California appeals court upheld an order sustaining an insurer’s demurrer without leave to amend, dismissing a breach of contract and bad faith lawsuit...more

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors. Graham (Litigation...more

What to Do after an Accident

Even though car accidents occur what seems like all the time, they can still be very overwhelming for those involved. In the aftermath, it may be difficult to determine what steps to take next; especially if there has been...more

Second Circuit Considers Competing Excess Other Insurance Clauses

In its recent decision in Hartford Underwriters Ins. Co. v. Hanover Ins. Co., 2016 U.S. App. LEXIS 12146 (2d Cir. June 29, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion...more

Eighth Circuit to insurers: Settlement evaluation must constantly adapt to litigation developments

A recent decision of the US Court of Appeals for the Eighth Circuit taught an insurer a costly lesson about trying to avoid extra-contractual liability: Insurers must constantly reevaluate their settlement position throughout...more

Colorado Supreme Court Limits Use of Extrinsic Evidence and Reasonable Expectations Doctrine

On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language,...more

New wave of putative class actions challenge cost of insurance charges

In recent months, life insurers across the country have faced a new onslaught of putative cost of insurance class actions. These cases bring novel theories but may also revive a decades-old jurisprudential debate over whether...more

Privacy Tip #40 – Dashcam apps and driving habits

Huh? What is a dashcam app? A dashcam app uses a smartphones on the dashboard of a car to record traffic accidents, cars running red lights and bad drivers causing accidents. Dashcams can detect hard braking and can...more

Round Up The Usual And Customary Suspects: Insurers May Determine UCR Prices By Shopping At Retail Outlets

For more than a decade, medical providers have tried to limit the discretion of automobile insurers to pay less than the billed amount for services and equipment offered to injured insureds. Most of these efforts involve...more

An Injured Third Party’s Knowingly False Deposition Testimony Establishes the Materialty Component for Insurance Fraud

On May 13, 2006, Edward Feierstein was driving home from his Philadelphia fitness club when his car was rear-ended. Two days later, Feierstein filed a claim with the tortfeasor’s liability insurer seeking reimbursement for...more

Your Insurer Does Not Have to Pay Diminution of Value after a Collision

Woodland Hills car accident attorney Barry P. Goldberg is regularly contacted by upset insureds because their nearly new vehicle was in a serious accident and their insurer refuses to declare the vehicle a total loss. ...more

Step-Up, Insurer! Your Step-Down Provision Is Not Triggered

Where an automobile policy covers someone other than the named insured, a “step-down” provision may subject the amount of available coverage to the limit on “similar coverage” that is imposed by the injured person’s own...more

The Duty to Follow-up Part II: When The Underlying Litigation Changes

Last month, we discussed the duty to follow-up in the context of an offer to settle made by a tort claimant and how neglect of that duty cost an insurer dearly by converting a claim that could have been settled for $25,000...more

Main Reasons for License Suspension— No Insurance and Failing to Report Accidents to the DMV!

Woodland Hills car accident lawyer Barry P. Goldberg — a foremost advocate for Uninsured Motorist Coverage—is concerned for his clients and neighbors that over 4 million drivers in California have suspended licenses! That is...more

Arizona Legislature Fixes Insurance Agent Liability Loophole

Arizona Governor, Doug Ducey, has signed a bill that corrects a major loophole that had subjected insurance agents who write auto policies to increased professional liability exposure. House Bill 2129 was drafted in response...more

How Does Underinsured Motorist Coverage Work?

Surprisingly, auto insurance is not necessarily a requirement of vehicle owners in every state. Car owners in Virginia can opt out of carrying auto insurance by paying an uninsured motor vehicle fee to the state. In New...more

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the...more

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

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