Auto Insurance Car Accident

News & Analysis as of

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

Illinois Supreme Court Addresses Duty of Care Owed by Insurance Agents

On March 19, 2015, in its decision in Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. Mar. 19, 2015), the Illinois Supreme Court affirmed an appellate court decision holding that Section 2-2201 of the Illinois Code...more

Court Rejects Attenuated Argument of Automobile Insurer Liability

Just how attenuated is too attenuated for a driver’s conduct outside the vehicle to be covered by the auto policy covering the vehicle? In Hough v. McKiernan, the Supreme Court of Rhode Island drew the line at about...more

If you ask for “Full Coverage” Your Insurer has no Duty to provide it! Get an Independent Agent to Advise You!

Woodland Hills personal injury lawyer Barry P. Goldberg cringes when interviewing a client and hearing the response “I have Full Coverage.” While it certainly beats “I have no coverage” or “I have minimum coverage”, it...more

Do I Have to Report My Car Accident?

If you find yourself involved in a fender-bender while you are driving in Woodland Hills, you may wonder if you need to tell the Department of Motor Vehicles or your insurance company. The law in California is clear: if you...more

MDFL Dismisses Auto Repair Antitrust Claims, Eviscerates Plaintiffs’ Lawyers

In 2014, the Judicial Panel on Multidistrict Litigation consolidated a series of antitrust actions and transferred them to the United States District Court for the Middle District of Florida. The Middle District of Florida...more

Insurance Balance Billing Class Fails Rule 23’s Requirements

Plaintiff filed a putative class action in Arkansas state court against his automobile insurer for alleged failure to pay the full amount it was contractually required to pay for his medical bills following a car accident. ...more

Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer’s...

In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute,...more

Facts On No-Fault Coverage

New York is one of the 12 states that have No-Fault coverage. The coverage was designed to ensure that regardless of fault; an insurance company will pay up to $50,000.00 for economic losses to an injured party who was the...more

General Liability Alert: Discovery Responses Denying Requests for Admission are Generally Inadmissible at Trial

In Gonsalves v. Li, Case No. A140284, the First Appellate District of the California Court of Appeal held that denials of Requests for Admission are not admissible in cases where a party's litigation conduct is not directly...more

Arbitrators May Award Some Amounts Above the Policy Limits in Uninsured and Underinsured Motorist Cases

Los Angeles Uninsured Motorist Attorney, Barry P. Goldberg, fields questions from lawyers and insureds alike regarding Uninsured and Underinsured Motorist arbitrations. One of the more frequent topics concerns whether an...more

Appellate Court Notes

SC19037 - Brody v. Brody - In this multi-million dollar matrimonial dissolution action, the SCT took the opportunity to clarify Connecticut law on civil contempt. The court set aside prior Appellate precedent and held...more

Eastern District of Pennsylvania: Bad Faith Claim Rejected Where Insurer Requested Examination of Claimant, Made Settlement Offer...

Stanford v. National Grange Ins. Co., Civil Action No. 11-7144 (E.D. Pa. Nov. 3, 2014). Eastern District of Pennsylvania grants insurer’s motion for summary judgment on bad faith claim in dispute over payment of...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

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

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

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

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

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

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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