Uninsured and Under-Insured Motorists

News & Analysis as of

Double Check Your Uninsured Motorist Coverage This Holiday Season

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

Underinsured Motorist Insurance – Allowable Offsets to Limits

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

3 Logjams that Stall Most Uninsured/Underinsured Motorist Cases

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

Middle District of Pennsylvania: Mere Delay Does Not Constitute Bad Faith

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

Middle District of Florida: Court Denies Summary Judgment For Insured On First-Party Bad Faith Claim Where Permanence Of Injury...

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

Insurance Alert: Explanation of Benefits Form Does Not Expand Policy's Underinsured Motorist Coverage

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

Florida District Court of Appeal: A Prematurely Filed Bad Faith Claim Does Not Compel Dismissal

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

Kentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim

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

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

Uninsured Motorist Benefits are reduced by Workers Compensation

Barry P. Goldberg has seen almost every argument which attempts to access Uninsured and Underinsured motorist benefits. Creative lawyers sometimes attempt to circumvent some of the rules by contending that the insured's...more

Insurance Coverage – Bad Faith – Uninsured Motorist Arbitration

Ted Maslo v. Ameriprise Auto & Home Insurance - Court of Appeal, Second Appellate District (June 27, 2014) - When an auto insurer and the insured cannot agree on the value of an uninsured motorist claim, either...more

Leave it to Beaver: Arizona Court of Appeals Validates “Relative Definition” of Insured Which Precludes UIM Coverage

If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App....more

California Court Allows Uninsured Motorist Bad Faith Suit to Proceed

In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an...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

Is it Fair to Go Through Your Own Insurance Company if You Were Not At Fault an Uninsured Motorist Accident?

Barry P. Goldberg answers the question “Why should I go through my own insurance company when I was not at fault for the accident?” Most clients hit by an uninsured or underinsured motorist are outraged when they learn that...more

What Does Uninsured Motorist Coverage Really Cost?

Barry P. Goldberg has heard just about every story and excuse why people carry low or no Uninsured Motorist Coverage. Usually, an insurance agent or company provides poor advice in order to keep a customer who is solely...more

How Much Uninsured Motorist Insurance Should I Buy? Ask a Lawyer Not an Insurance Salesman!

Los Angeles Uninsured Motorist attorney, Barry P. Goldberg, is asked this question all the time. In fact, month in and month out, "How much Uninsured Motorist Insurance Should I Buy?" is by far the most visited page on my...more

Arizona Court of Appeals Reverses Course and Holds A Valid Offer of UIM Coverage Need Not Include Premium Prices

In Newman v. Cornerstone National Insurance Company, 2014 WL 1257129 (Ariz.App. Mar. 27, 2014), the Arizona Court of Appeals held that a valid offer of underinsured motorist (“UIM”) coverage need not include premium prices...more

Another California Bill to Supplement Underinsured Motorist Coverage Dies a Quiet Death

Los Angeles Uninsured Motorist Attorney Barry P. Goldberg mourns the death of California Assembly Bill AB 862. It was sent to the Insurance Committee where all consumer-oriented insurance legislation goes to die a silent and...more

Injured in a Car Accident -- Who's Potentially at Fault?

Have you or a loved one recently been injured in a car accident in the San Fernando Valley? Are you having trouble recovering the financial compensation you deserve? Perhaps the driver who injured you was uninsured and you...more

Individualized Inquiries Defeat Class Certification In UM/UIM Case—Again

Since around 2003, several class action lawsuits have been brought in Colorado against insurers alleging that it was misleading and deceptive to offer for purchase uninsured/underinsured motorist (UM/UIM) coverage on...more

The Single Biggest Mistake Lawyers Make on Uninsured and Underinsured Motorist Claims

Barry P. Goldberg, has studied and re-studied the statutes, case law and treatises concerning Uninsured and Underinsured motorist. In addition, Mr. Goldberg has authored some ofthe most popular articles on Uninsured ("UM")...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

Court Compels Arbitration Of Coverage Issue In Underinsured Motor Vehicle Policy

A federal district court has compelled arbitration of a coverage issue arising out of an Underinsured Motor Vehicle Coverage (UIM) policy issued by Farm Bureau Property & Casualty Insurance Company. ...more

Limitation on Tort Causes of Action for First Party Insurance Claims under Missouri Law Upheld in Uninsured Motorist Coverage Suit

In Easter v. Farmers Insurance Company, Inc., 2014 U.S. Dist. LEXIS 39950 (W.D. Mo. March 26, 2014), the court analyzed an uninsured motorist coverage claim. Davina Easter was involved in an automobile accident when the car...more

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