News & Analysis as of

Car Accident

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Who’s Acting In Bad Faith Now? Federal Court Slams Policyholder’s Counsel on Fee Petition

Plaintiff Bernie Clemens was injured in a motor vehicle accident in August 2009. Clemens’ attorney helped him recover $25,000 in a supplementary underinsured motorist (SUM) claim, and then sued Clemens’ insurer under...more

Sixth Circuit Puts Brakes on Pleading Requirements

Unless you have been under a rock for the past couple of years—or just actively avoid federal court—you are well aware of the impact of Iqbal and Twombly on pleading a cause of action in federal court. Depending on which side...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

3 Things Steps to Take if You Have Whiplash from a Car Accident

One of the most common injuries following a Woodland Hills car accident is whiplash. Whiplash may sound rather harmless, and many people try to brush it off as a ‘fake’ injury, but the truth is that whiplash can cause serious...more

Preview of Automated Vehicle Regulations in Germany

by Dechert LLP on

Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more

Detroit News gets facts wrong on No-Fault car insurance reform

by Michigan Auto Law on

Detroit News editorial on reforming No-Fault law makes up facts, avoids reality of how No-Fault system works - The Detroit News at least got the title of its Tuesday editorial correct when it said, “Make auto insurance...more

Distracted Driving Increases Number of California Car Accidents

California is cracking down on distracted driving, especially in the form of texting and driving. If you are behind the wheel in California, you are now no longer able to hold your cell phone in your hand for any reason. This...more

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

by Carlton Fields on

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more

District of Colorado Grants Summary Judgment for Insurer on Common Law (But Not Statutory) Bad Faith Claim Where No Evidence...

MacKinney was involved in a motor vehicle accident and sought underinsured motorist coverage from Allstate. Allstate insured MacKinney’s vehicle under three policies. The total UIM coverage under the policies was $150,000,...more

Defence & Indemnity - August 2017: IV. PRACTICE ISSUES - Nemchin v. Green, 2017 ONSC 1403, per Corthorn, J. [4241]

by Field Law on

IV. PRACTICE ISSUES - B. A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to...more

Defence & Indemnity - August 2017: III. QUANTUM/DAMAGES ISSUES - Bumstead v. Dufresne, 2017 ABCA 122 [4236]

by Field Law on

III. QUANTUM/DAMAGES ISSUES - A. The Court of Appeal upheld a trial judgment based on significant plaintiff credibility issues awarding less than $300,000 in the face of a $2,000,000 claim. - Bumstead v. Dufresne, 2017...more

Defence & Indemnity - August 2017: II. LIABILITY ISSUES: Knibb v. Foran, 2017 ABQB 375, per Eidsvik, J. [4240]

by Field Law on

II. LIABILITY ISSUES - A. The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron...more

Defence & Indemnity - August 2017: I. Insurance Issues: Funk v. Wawanesa Mutual Insurance Company, 2017 ABQB 308, per Simpson, J....

by Field Law on

I. INSURANCE ISSUES A. The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to...more

FREEP exposes more auto accident attorney kickbacks, No-Fault fraud

by Michigan Auto Law on

Will newest allegations finally get Michigan Attorney Grievance Commission to look into auto accident attorney fraud, kickbacks and illegal solicitation of auto accident victims in Detroit?...more

Passenger Car Tires Drive into the Internet of Things

by Wilson Elser on

As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones....more

What You Need to Know about Car Accidents in California

Car accidents in Woodland Hills can be minor, causing little to no damage to vehicles or injury to drivers and passenger. These accidents, though certainly an inconvenience, are a blip on the radar when compared to more...more

Medicare Secondary Payer Act Class Actions

There have been a substantial number of putative class actions filed recently against insurers involving the Medicare Secondary Payer Act (MSPA). These cases are typically filed by assignees of Medicare advantage...more

How Are Injuries Proven for California Car Accidents?

If you’re involved in a car accident in Woodland Hills, California, you may find yourself in the middle of a fight to get the compensation that you deserve for the damage to your car and for your injuries. One of the most...more

Study Finds Obese Drivers are at Greater Risk of Death in Car Accidents

by Howard Ankin on

A new study found that obese drivers (people with body mass indexes above 30) are 78 percent more likely to die in a car collision than normal-weight drivers. These findings show an increase in fatalities among heavier...more

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

How Insurance Companies Calculate A Settlement Offer

by Howard Ankin on

Insurance companies do not have one precise method for calculating settlement offers that is applied to every case. Each accident is unique. Insurance companies have a financial incentive to pay as little as possible and will...more

Are stores liable for car crashes and pedestrians hit by cars in parking lot crosswalks?

by Michigan Auto Law on

Court rules in Bay County case involving TBI car crash victim in a Menard’s parking lot crosswalk that stores do have legal duty to protect ‘safety zone’ - Parking lots are more dangerous than you might think. Hundreds of...more

Can a Host Be Liable for Serving Alcohol in California?

Woodland Hills personal injury attorney Barry P. Goldberg is always looking for recovery sources for his seriously injured clients. One area of confusion comes from questions about whether a server of alcohol can be liable...more

Defence & Indemnity - June 2017: III. QUANTUM/DAMAGES ISSUES: Saadati v. Moorhead, 2017 SCC 28, per Brown, J. [4238]

by Field Law on

III. QUANTUM/DAMAGES ISSUES - A. The SCC has watered down the test for compensable psychological injury and done away with the need for expert evidence to establish it. Saadati v. Moorhead, 2017 SCC 28, per Brown, J....more

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