Auto Insurance

News & Analysis as of

Clever Use of the Rules Can Make the Most of Your Uninsured/Underinsured Motorist Arbitration

Barry P. Goldberg is recognized as the “go to” expert on all things Uninsured and Underinsured Motorist. In fact, other lawyers frequently contact him on questions about securing the arbitration in the first place. However,...more

Double Check Your Uninsured Motorist Coverage This Holiday Season

Barry P. Goldberg urges his friends, family and clients to double check their Uninsured Motorist coverage this Holiday season. It is definitely a “lump of coal” in your stocking when you discover that the driver that caused...more

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company's Liability for Customers' Accidents

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more

Carhops and Cash Deposit Bags: Insurer Skates From the “Dual Purpose” Doctrine

For many, Sonic Drive-In restaurants stir thoughts of juicy burgers, neon-blue sodas, ‘50s rock ‘n’ roll, and roller-skating carhops. Recently, however, in Hudson Specialty Insurance Company v. Brash Tygr, LLC, Nos....more

Growing Use of Vehicle Monitoring Devices Fuels Increase in Privacy Concerns

In recent years, companies in the United States and abroad have increasingly turned to vehicle tracking devices and remote shut off devices to offer lower priced insurance products and auto loans to higher risk borrowers. On...more

California Court Rejects Bad Faith Claim

In Graciano v. Mercury General Corporation, 2014 Cal. App. LEXIS 1028 (Cal. App. Oct. 17, 2014), the California Court of Appeal had occasion to consider whether an insurer may be held liable for bad faith for unreasonably...more

No Private Right to Recoup Funds Based on Corporate Practice of Medicine Violation

The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and...more

Bad Faith Sentinel - November 2014

In This Issue: - Southern District of California Denies Motion to Dismiss Bad Faith Claim in Homeowners Policy Dispute - Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its...more

MD Insurance Commissioner Holds Hearing on Draft Proposed Changes to COMAR 31.15.12 – Valuation of Motor Vehicles

On Friday November 21, 2014, the Maryland Insurance Commissioner held a hearing to gather information from the industry on the draft proposed changes to COMAR 31.15.12 – Valuation of Motor Vehicles. The draft proposed...more

How Much Do I Know About Insurance and Arizona Business?

Is there one insurance policy to cover all of my risks? No. Insurance is the sale of certain risks in exchange for a premium. No policy buys all the risks a business faces. How many policies do I...more

Middle District of Florida: Court Denies Summary Judgment For Insured On First-Party Bad Faith Claim Where Permanence Of Injury...

Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014). Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more

Insurance Alert: Explanation of Benefits Form Does Not Expand Policy's Underinsured Motorist Coverage

In Elliott v. GEICO (No. C072129, filed 11/19/14), a California appeals court held that an explanation of benefits form supplied with a motorcycle policy did not become part of the policy or expand the statutorily authorized...more

Red Light Accidents in the San Fernando Valley

Red-light running is a serious intersection safety issue in the San Fernando Valley and across the nation. Indeed, a recent report from the National Highway Traffic Safety Administration (NHTSA) indicates that in the last...more

Did You Know that an Expert can Testify that You were At Fault—Even if You Were Not!

Barry P. Goldberg is careful when advising accident victims that think that their case is a “slam dunk” on liability. In fact, claimants should be aware that if the case goes into active litigation the insurers will hire...more

Insurance Law Alert: Defective Policy Limit Demand Precludes Bad Faith

In Graciano v. Mercury General Corp. (No. D061956, filed 10/17/14), a California appeals court reversed a jury's verdict, ruling that a defective demand letter from the claimant's attorney precluded a finding of bad faith...more

Resolving competing factual scenarios – a good example from the NSW Supreme Court

In Layton Smith bht Troy Smith v NRMA Insurance Limited [2014] NSWSC 1518, the Supreme Court of NSW was called upon to determine the separate question of liability in a motor vehicle accident matter. However, in a somewhat...more

Lies Insurance Company Tell You to Deny Loss of Use Claims

If you’re like the countless Southern California drivers who have been involved in an auto accident, you’re probably more fed up with the insurance companies than with any injury to yourself or property damage to your car! Of...more

The Insurance Companies are Not Your Friends or Your Neighbors—Don’t be deceived by one of the Best Ad Campaigns of All Time

Woodland Hills personal injury attorney, Barry P. Goldberg, works with insurance company representatives on a daily basis and can provide a clear perspective on what insurance is and what it is not. What will an insurance...more

FIO Focus, No. 66 - Federal Advisory Committee on Insurance Meeting

On November 6, 2014, the Federal Advisory Committee on Insurance (FACI) met in Washington, DC. FACI heard presentations about the role of cyber insurance in cybersecurity, the affordability and accessibility of auto...more

Total Loss Valuations: Class Certified By Louisiana Federal Court

Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable...more

Auto Coverage for UberX Drivers Meets SC Requirements According to SCDOI

In July 2014, UberX, a ridesharing service, expanded into South Carolina, offering transportation in four of the state’s major urban areas – Columbia, Charleston, Myrtle Beach, and Greenville. UberX’s transportation service...more

On the Road With Autonomous Vehicles and the Insurance Industry, Issue No. 3

Autonomous Vehicles and Liability - Autonomous vehicles (AVs) promise to deliver greater safety by significantly reducing accidents caused by driver error. However, AVs will not eliminate accidents, and associated...more

One Accident, Multiple Causes—Single Policy Limit

Barry P. Goldberg tirelessly looks for every available source of recovery, especially in serious injury cases. Often an accident has many possible causes. The obvious causes usually involve other negligent drivers, road...more

CMS Withdraws Proposed Medicare Secondary Payer Rule

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

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

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