News & Analysis as of

Uninsured and Under-Insured Motorists

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

Insurance Bad Faith – Genuine Dispute Doctrine

by Low, Ball & Lynch on

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in the underlying UM claim, everyone assumed the jury verdict was binding in the bad faith action. Then, Bottini v. GEICO...more

Know Your Options When Your Insurer “Low-Balls” Your Uninsured Motorist Claim!

Woodland Hills personal injury attorney Barry P. Goldberg loves handling Uninsured Motorist claims because it is one of the few circumstances where the insured has leverage over his or her insurance company. Barry definitely...more

Failure to Have Additional Treatment Records Reviewed by Expert Precludes Summary Judgment on Genuine Dispute Doctrine

In Zubillaga v. Allstate Indemnity Company (No. G052603, filed 6/19/17), a California appeals court ruled that triable issues about the insurer’s reliance on expert medical opinions precluded summary judgment on the genuine...more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

by Dickinson Wright on

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

by Nexsen Pruet, PLLC on

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

by Sands Anderson PC on

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault...more

How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?

Woodland Hills Personal injury attorney Barry P. Goldberg often answers the question “How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?” Why? Because huge numbers of California drivers are uninsured...more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

8th Circuit Denies UIM Coverage Again Based Upon Mo. Supreme Court Decision in Rodriguez v. General Accident Insurance Company

by Williams Venker & Sanders on

For a third time in four years, the 8th Circuit has denied UIM coverage to an insured based upon the Missouri Supreme Court’s decision in Rodriguez v. General Accident Insurance Company of America, 808 S.W.2d 379 (Mo. banc...more

Mayer Brown Submits Amicus Brief For Chamber Of Commerce, American Tort Reform Association, And American Insurance Association In...

Seemingly minor legal issues sometimes can have a surprisingly significant effect. That is particularly true with the ratio guidepost because the effect of any dispute about the guidepost’s application is literally...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

by Pullman & Comley, LLC on

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Good Advice for Everyone: Ten Steps to Avoid Big Trouble

by Varnum LLP on

On both a business and individual level, there are ten easy steps you can take now to avoid big trouble later. If you address just five of these items this month, you will be half way there. Originally published in the...more

Insurer has no duty to Advise Insured to Buy Enough Uninsured Motorist Coverage

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things “Uninsured Motorist.” In fact, just last week we received a call from an out of state counsel that was shocked when he found out that a...more

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

by Pullman & Comley, LLC on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES B.

by Field Law on

A vehicle owned by the insured or spouse, if insured, may be an “uninsured automobile” when taken without consent and therefore may be entitled to coverage under the O.P.C.F. 44R Endorsement as an “inadequately insured...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

by Field Law on

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude...more

Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Vehicle Claim...

by Reminger Co., LPA on

In order to present an uninsured motorist claim when an accident is caused by an unidentified vehicle, a claimant must present independent corroborative evidence demonstrating that the accident was caused by the negligence of...more

Top 9 Mini Tort facts for repairing car accident vehicle damage

by Michigan Auto Law on

What you need to know on the Michigan Mini Tort maximum recovery limit, getting your car fixed and paid for, what do do if you’re in a crash with an uninsured driver, time limits to file a claim....more

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

by Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

California Drivers are Still Confused about Uninsured and Underinsured Motorist Coverage!

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things “uninsured” and “underinsured.” But, how does it work? What is it? Why is it not clear to everyone? Well, in short, it is neither logical...more

What to Do When Injured In Accident By An Uninsured Motorist

It only seems fair that the injured party in an auto accident receive full compensation. However, in California, about 1 in 8 drivers are uninsured, meaning if you or a loved one were injured in an accident that was caused by...more

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