Auto Insurance

News & Analysis as of

Can I Sue If My Spouse Was a Negligent Driver? Understanding Supplemental Spousal Liability Insurance in NY

Distracted driving is emerging as one of the greatest dangers on the road today. People who text, check their cellphones, apply makeup, or even adjust the radio are endangering themselves, their passengers, and other...more

Parking Lot Accidents - Who's At Fault?!

We've all been there... Pulling (cautiously and carefully) out of a crowded parking when BAM! that car pops out of nowehere and into your back bumper. If you looked both ways down the row of parked cars before backing out,...more

Florida Court Of Appeals: Insured Who Settled Claim For UM Benefits Still Allowed To Add Bad Faith Claim Against Insurer In The...

Safeco Ins. Co. of Illinois v. Rader, No. 1D13-2659, 2014 WL 660204 (Fla. Dist. Ct. App. Feb. 21, 2014). After entry of partial summary judgment on UM claim, insured successfully moved to amend his complaint to add a...more

Getting Compensation When Injured by an Uninsured Driver

In a tough economy, uninsured and underinsured drivers are more common than ever. While the risk of driving uninsured is well-publicized, the real risk lies with those who are injured by drivers who carry minimum coverage or...more

FIO Focus, Issue No. 49: The FIO Publishes Request for Comments on Affordability and Availability of Auto Insurance

On April 10, 2014, the Federal Insurance Office (FIO) solicited comments relating to its authority to monitor the availability and affordability of auto insurance. Under the Dodd-Frank Act, the FIO is authorized to "monitor...more

Ontario Government’s Bill 171 Threatens Access to Justice for Personal Injury Plaintiffs

In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The Bill proposes concerning changes to the process that an injured...more

California Car Insurance Laws

California laws regulate the car insurance industry. Some, such as the uninsured and underinsured motorist laws are too confusing in multi-car collisions and should be changed. Another states the minimum liability coverage...more

Does an Auto Accident Claim Cover Accidents Caused by Vehicle Malfunctions?

When a car malfunctions because of negligent maintenance practices on the part of the owner — such as holding off on the replacement of brakes that are clearly starting to fail — and causes an accident, victims can hold the...more

Commentary on Schmitz v. Lombard

On February 4, 2014, the Ontario Court of Appeal may have finally put to rest the longstanding issue regarding the length of the applicable limitation period and when it begins to run regarding claims for underinsured...more

Apps Based Car Services-The Question Is Insurance

The drivers of app based car services are considered to be independent contractors, not employees and not on the clock unless there is a passenger in their car. If you examine the car service model, on paper these drivers...more

Supreme Court Rules In Favor Of Drivers In Insurance Coverage Dispute

For a brief time from approximately 2009 to 2010, the Wisconsin statute governing automobile insurance policies contained two arguably inconsistent provisions. First, the 2009-2010 version of the statute contained a provision...more

California Court Holds Food Truck Constitutes Mobile Equipment

In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California’s Second Appellate District had occasion to consider whether a food truck...more

Tennessee Court of Appeals Interprets Exclusionary Clause in Automobile Casualty Insurance Policy

Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of...more

Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor...more

“Minor Impact” Myths

A popular defense tactic when someone is injured in an accident with minimal property damage is to argue that there is no way such a “minor impact” could cause the injuries. In many cases now, insurance companies are hiring...more

What Is UM and UIM Insurance and Why Does It Matter to You?

Auto insurance is not a riveting subject, and most people don’t pay much attention to it beyond the basics. You know that the law requires you to carry automobile insurance and that it protects you from liability in case you...more

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

Paving The Way Forward: Automobile Claims and Diminished Value

The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several...more

Illinois Court Holds Auto Exclusion Applicable To Underlying Loss

In its recent decision in Cincinnati Ins. Co. v. William F. Braun Milk Hauling, Inc., 2013 U.S. Dist. LEXIS 150665 (S.D. Ill. Oct. 21, 2013), the United States District Court for the Southern District of Illinois had occasion...more

Three New Civil Decisions Coming From Illinois Supreme Court Tomorrow Morning

The Illinois Supreme Court has announced that it expects to file opinions tomorrow morning at 10:00 a.m. Central time in three civil cases. They are...more

Weekly Law Resume - Insurance Coverage – Duty to Defend

Farmers Insurance Exchange v. The Superior Court of Los Angeles County (Bautista) - California Court of Appeal, Second Appellate District (October 28, 2013) - Questions often arise as to whether there is...more

Types of Auto Insurance Policies in Georgia

By law, all Georgia drivers are required to carry a minimum level of motor vehicle insurance. However, not all policies are created equal. Drivers should fully understand their coverage before they need to use it....more

NJ Auto Insurance Policyholders Can Expect Rate Hikes

Touted as having the highest auto insurance rates in the nation, New Jersey policyholders will not be pleased when they receive another premium increase. Surprisingly, the upcoming hike does not include relatively minor...more

Why Do I Need A Lawyer If I Have No-Fault Insurance?

In theory, no-fault auto insurance lowers premium costs by reducing the number of claims insurers have to defend in court. Rather than force injured people and their insurance companies to determine liability before...more

California Appellate Court: No Liability for Bad Faith Failure to Settle Where Claimant Fails to Make a Settlement Demand on...

In Reid v. Mercury Insurance Co., __ Cal. Rptr. 3d ___, 2013 WL 5517979 (Cal. Ct. App. Oct. 7, 2013), the California Court of Appeals held that an insurer cannot be found liable for bad faith failure to settle within the...more

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