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
Omar Bermudez v. Faith Ciolek -
Court of Appeal, Fourth Appellate District (June 22, 2015) -
Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of...more
Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015).
Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material...more
Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage -
The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more
Newman was injured in a motor vehicle accident for which the at-fault driver carried insufficient insurance to compensate her for her damages. Therefore, she sought UIM coverage from her insurer, Cornerstone. Cornerstone...more
In a report just released and covered in the Los Angeles Times, a human rights and activist group shows that “suspended” licenses are an even bigger problem in California. That group, Lawyers’ Committee for Civil Rights of...more
On February 18, 2015, the Supreme Court of New Jersey issued separate opinions in two first-party, uninsured motorist cases against the same auto insurer. Plaintiffs in both cases alleged that the insurer had acted in bad...more
In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more
When Illinois motorists take to the streets, they place an incredible amount of trust in the other motorists with whom they share the roads. Unfortunately, many of these motorists do not live up to expectations and they fail...more
On February 18, 2015, the New Jersey Supreme Court issued companion decisions – Badiali v. New Jersey Manufacturers Insurance Group and Wadeer v. New Jersey Manufacturers Insurance Group – that impact insurers’ handling of...more
If you’re in an auto accident, you may have many questions. Questions like: who will pay for my injuries? Or the damage to my car? The answer can depend on who is at fault and whether you or the other driver has insurance. ...more
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
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
Several recent Florida decisions have addressed the distinction between “conditions precedent” and “conditions subsequent” in insurance policies and the impact of that distinction on issues of prejudice and burden of proof at...more
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
Barry P. Goldberg is recognized as the “go to” expert on all things Uninsured and Underinsured Motorist. In fact, other lawyers frequently contact him on questions about securing the arbitration in the first place. However,...more
Barry P. Goldberg urges his friends, family and clients to double check their Uninsured Motorist coverage this Holiday season. It is definitely a “lump of coal” in your stocking when you discover that the driver that caused...more
Christina Elliott v. Geico Indemnity Company -
Court Of Appeal, Third Appellate District (November 19, 2014)-
In California, Uninsured Motorist (“UM”) Coverage and Underinsured Motorist (“UIM”) Coverage are...more
Barry P. Goldberg is a frequent author on Uninsured/Underinsured (“UM/UIM”) motorist topics. As such, regular advice is given out on many UM/UIM circumstances. Surprisingly, most questions from other lawyers do not involve...more
Shaffer v. State Farm Mut. Auto. Ins. Co., No. 1:13-CV-01837, 2014 WL 5325340 (M.D. Pa. Oct. 20, 2014).
Court grants summary judgment to insurer where lengthy investigation was required to determine causation for UIM...more
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
In Elliott v. GEICO (No. C072129, filed 11/19/14), a California appeals court held that an explanation of benefits form supplied with a motorcycle policy did not become part of the policy or expand the statutorily authorized...more
Safeco Ins. Co. of Ill. v. Beare, No. 4D13-3104, 2014 WL 4626851 (Fla. Dist. Ct. App. Sept. 17, 2014).
The Fourth District Court of Appeal of the State of Florida denies an insurer’s petition seeking review of the...more
In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on...more
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
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