Auto Insurance

News & Analysis as of

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

Connecticut Supreme Court Delivers $35 Million Body Blow to Body Shops

Auto insurers control the cost of collision repairs through the use of direct repair programs. The programs feature networks of auto body repair shops that enter into contracts agreeing to discount labor rates and other...more

Are Insurers Engaged in Deceptive Practices and Illegal Pricing? If so, what can be done about it?

We wish to call attention to a disturbing trend, that even in the highly regulated field of personal lines coverage, homeowners and auto policies, the insurance industry is engaged in courses of conduct designed to write...more

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

PRA updates on Solvency 2

PRA has published its update letter for all Solvency 2-affected firms. The letter reminds firms of PRA’s expectations with respect to: - transitional deduction to technical provisions; - the standard formula...more

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

Is Florida a “No-Fault” State? — Why am I being sued after causing an accident?

Many Floridians who have caused automobile accidents and had personal injury claims brought against them have wondered why those claims were even allowed to be brought since Florida is considered to be a “No-Fault” state. ...more

IREG Update - September 2015 #2

Hot Topic: Auto insurance in the age of the driverless car - Background - Not surprisingly, the most common cause of vehicle accidents is human error. Whether a motor vehicle offers one automated function or fully...more

Keeping it Basic: NJ Supreme Court Limits Amount Owed to Innocent Third Parties

The New Jersey Supreme Court recently held that an automobile insurer must pay an innocent third party the contracted $10,000 amount of basic coverage following an auto accident involving the insured’s vehicle, despite that...more

How much car insurance do I need?

Because I am a personal injury lawyer who represents injured victims, I am often asked by friends and family about insurance issues. One of the questions I am most frequently asked is “how much automobile insurance do I...more

Court of Appeals of Wisconsin: Insured Must Be “Made Whole” For Total Loss Before Insurer Can Recover Subrogated Funds

Dufour v. Progressive Classic Ins. Co., No. 2014AP157, 2015 WL 4275292 (Wis. Ct. App. July 16, 2015). The Court of Appeals of Wisconsin reverses the Circuit Court for Dodge County and remands for proceedings on damages...more

Gambrell v. IDS Prop. Cas. Ins. Co.


Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under...

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

What Is Underinsured Motorist (UIM) Coverage - And Do You Really Need It?

In North Carolina, motorists are required to buy automobile liability insurance with limits of only $30,000 per person and $60,000 per accident to protect others from their carelessness. Because it’s all that is required,...more

Gavel to Gavel: Looking for direction

Gov. Mary Fallin signed a bill May 8 designed to provide a comprehensive regulatory framework for Oklahoma’s ride-booking industry. The bill requires that Uber, Lyft and similar services run background checks on their...more

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more

Auto Insurers Score Another Victory in the Auto Body Shop Antitrust Litigation

On August 17, United States District Judge Greg Presnell (M.D. Fla.) handed the auto insurer defendants in the In re Auto Body Antitrust Litigation another significant victory, confirming a "Report and Recommendation" by...more

North Carolina General Assembly Week in Review

Two months into the fiscal year and the government is still operating under a continuing resolution (CR). With the CR set to expire at 11:59 pm on Monday, August 31, House and Senate leadership agreed this week to extend the...more

North Carolina General Assembly Week in Review

NC State Government is currently operating under a Continuing Resolution (CR), SB 560, 2015 Continuing Budget Authority. This CR is set to expire at 11:59 pm on August 31, 2015. With less than two weeks before the CR...more

“Baby You Can Drive My Car—Yes I’m Gonna Be a Star”

Woodland Hills personal injury attorney Barry P. Goldberg is regularly consulted on accident cases where the driver involved is driving someone else’s vehicle. “Baby you can drive my car” might have some unexpected...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer...

Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253 (8th Cir. June 22, 2015). Court holds it was not bad faith for insurer to pursue investigation into underlying lawsuit before considering settlement...more

Is My Car a Total Loss? Do I Have a Choice in the Decision?

Woodland Hills Personal injury lawyer Barry P. Goldberg encounters this “total loss” dance in every car accident case where there is significant property damage. In most cases, the client wants the car “totaled” so he or she...more

Changes to Virginia UM/UIM Law

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of...more

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