News & Analysis as of

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

"Trust" It or Lose it: Future Collateral Benefits in Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral...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

Examinations Under Oath - Does Privilege Attach to the Transcript?

In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant. On November 20, 2009, Chang Wang was involved in a motor...more

United States Middle District of Florida Gives Plaintiffs an Option with regard to Premature Bad Faith Claims

In Gianassi v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 142600 (M. D. Fla. 2014), the Middle District granted in part and denied in part State Farm’s Motion to Dismiss two counts of Plaintiff’s three-count...more

Why Won’t the Insurer Tell Me the Policy Limits?

Consider that most drivers in California maintain the absolute minimum amount of insurance. The limits for the minimum are hardly adequate in about 50% of all accidents. That means it is very important to determine whether...more

Do You Know the “Permissible” Exclusions in Your Auto Policy?

Barry P. Goldberg has seen almost every possible circumstance arising from automobile accidents. Many cases involve insurance coverage issues ranging from whether a policy was in effect at the time of the accident to more...more

ATVs on the Road - Insurance is a Must

The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway. The Plaintiff was injured in an accident as...more

When Your Friend Causes an Accident Driving Your Car

In California, if you let someone borrow your car, you are also essentially lending that person your car insurance, as car insurance generally follows the car and not the driver. Even if the friend who is borrowing your car...more

Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

Winning Isn’t Everything: Insurer’s Arbitration Success Does Not Prevent Claim for Bad Faith Failure to Settle

After he was rear-ended by a driver without insurance, the plaintiff in Maslo v. Ameriprise Auto & Home Insurance, No. B249271 (Cal. App. Ct. June 27, 2014) incurred $64,000 in medical expenses, but he filed a claim with his...more

District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a Claim

Lewison v. W. Nat’l Mut. Ins. Co., Civ. No. 13-4031-KES, 2014 WL 3573403 (D.S.D. July 21, 2014). The District of South Dakota grants in part and denies in part an insurer’s motion for summary judgment on two...more

Auto and Other Accidents — When is an injury permanent?

If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more

Lerners Personal Injury Lawyers Succeed in Divisional Court Catastrophic Impairment Case

Last week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627. This was a judicial review of a Financial Services Commission of Ontario Director’s Delegate decision. The...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

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

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

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

Driverless Cars For Consumers Are A Fast Approaching Reality, But Who Is Liable When Accidents Happen?

Google had lead the push to develop driverless cars and has made great strides in making them a reality on our streets. As driverless cars are already on the roads of many cities across Florida it has become clear the...more

Some Injuries Do Not Show Up Immediately After an Accident

Car accidents happen all too often in Southern California. If you were a driver or a passenger in a motor vehicle accident, you should report the incident to your insurance company as soon as possible (and read these tips on...more

Most Auto Accidents Are Excluded From Homeowners Coverage

In serious personal injury cases it is imperative to locate every possible source of insurance coverage. Often injury victims look to the at fault party's homeowners insurance even though the injuries arose from an automobile...more

Court Escalates a $4 million Covenant Judgment to a $20 million Bad Faith Judgment

Last week, the Washington Court of Appeals held that “in an insurance bad faith case, the amount of a reasonable covenant judgment sets a floor, not a ceiling, on the damages the jury may award.” Miller v. Safeco Ins. Co.,...more

Separated from Spouse, Separated from Coverage: Illinois Court Finds Phrase “Resides Primarily” in Spouse Definition Unambiguous...

In Gaudina v. State Farm Mutual Auto. Ins. Co., 2014 Il. App. (1st) 131264 (March 28, 2014), an Illinois appellate court found that State Farm properly denied coverage to a motorist seeking coverage under his estranged wife’s...more

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