Uninsured and Under-Insured Motorists

News & Analysis as of

“Low-Ball” Settlement Offer On Its Own Is Insufficient To Support A Claim for Bad Faith Under Pennsylvania Law

A low-ball settlement offer on its own is not enough to state a claim for a bad faith according to a federal district court for the Eastern District of Pennsylvania which granted the insurer’s motion to dismiss the insured’s...more

Can You Reverse an Uninsured Motorist Arbitration Award?

Woodland Hills personal injury lawyer Barry P. Goldberg is an expert on all things Uninsured and Underinsured, including UM/UIM Arbitrations. While UM/UIM arbitrations provide a relatively inexpensive and prompt result, many...more

Wisconsin Supreme Court Holds Insurer Is Entitled To Subrogation Despite Fact That Insured Was Not “Made Whole”

In Dufour v. Progressive Classic Ins. Co., 2016 WI 59 (Wis. 2016), Dairyland Insurance Company’s insured sustained physical injuries and damage to his vehicle following an automobile accident with an underinsured tortfeasor....more

Subrogation recovery did not violate the made-whole-rule and was not in bad faith per Wisconsin Sup. Ct.

It is highly unusual to find an insurance bad faith case which stems from an insurance company’s subrogation recovery. On July 6th, Wisconsin’s highest court had such a case, reversing the appellate court and holding that...more

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more

The Advantages of Removal: Twombly and Iqbal Applied to Bad Faith Claims

This month, the Eastern District of Pennsylvania issued an opinion that reminds insurance carriers and their counsel that it is often beneficial to remove certain cases to federal court. While federal court offers many...more

Step-Up, Insurer! Your Step-Down Provision Is Not Triggered

Where an automobile policy covers someone other than the named insured, a “step-down” provision may subject the amount of available coverage to the limit on “similar coverage” that is imposed by the injured person’s own...more

9 Reasons Why Your License Will be Suspended

Woodland Hills car accident lawyer Barry P. Goldberg handles hundreds of car accident cases in any given year. About half of those accidents are either Uninsured or Underinsured. It is not surprising because about 4 million...more

Main Reasons for License Suspension— No Insurance and Failing to Report Accidents to the DMV!

Woodland Hills car accident lawyer Barry P. Goldberg — a foremost advocate for Uninsured Motorist Coverage—is concerned for his clients and neighbors that over 4 million drivers in California have suspended licenses! That is...more

Arizona Legislature Fixes Insurance Agent Liability Loophole

Arizona Governor, Doug Ducey, has signed a bill that corrects a major loophole that had subjected insurance agents who write auto policies to increased professional liability exposure. House Bill 2129 was drafted in response...more

How Does Underinsured Motorist Coverage Work?

Surprisingly, auto insurance is not necessarily a requirement of vehicle owners in every state. Car owners in Virginia can opt out of carrying auto insurance by paying an uninsured motor vehicle fee to the state. In New...more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 2 Rule 3.823

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 1 CCP § 1282.2

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

New and Disruptive Technologies: The Care and Feeding of the New Economy [Expect Focus – Vol. I, Winter 2016]

IN THE SPOTLIGHT - The CFPB Takes First Enforcement Action Related to Data Security Practices. LIFE INSURANCE - Class Certified in Unique Fixed Indexed Annuity Case. Alleged Misrepresentations to DFS Warrant...more

Tenth Circuit Reverses UM/UIM Coverage Notification Class Certification

The named plaintiff in Soseeah v. Sentry Insurance had a Sentry auto policy. She declined UM/UIM coverage when she initially purchased her policy, and renewed annually thereafter. In 2010, the New Mexico Supreme Court held,...more

Was the Person Who Hit You Running Errands for Someone Else? The “Principal” May also be Liable!

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for sources of recovery for his clients particularly because many drivers are either uninsured or underinsured. This means either there was no...more

Pulido v. AAA Insurance, Defense Verdict Obtained by Jones Skelton & Hochuli

Michael Halvorson and David Potts, attorneys at Jones, Skelton & Hochuli, obtained a defense verdict in favor of AAA Members Insurance Company in a two-week trial concerning a pedestrian-vehicle accident near Pinnacle High...more

Florida Supreme Court Holds that UM Insured is Entitled to Liability Determination and Full Extent of Damages Before Filing a Bad...

Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of...more

My Uninsured Motorist Accident Occurred in another State, Does California Uninsured Motorist Law Apply?

Woodland Hills personal injury attorney Barry P. Goldberg is also known as “The Los Angeles Uninsured Motorist Attorney” because he has written extensively on the topic, has handled thousands of Uninsured and Underinsured...more

Insurance Coverage – UM/UIM Coverage Under Excess Policies

Larry Haering v. Topa Insurance Company - Court of Appeal, Second Appellate District (February 3, 2016) - Uninsured (“UM”) and Underinsured Motorist Coverage (“UIM”) were created by statute (Insurance Code...more

Never Sign a Release in an Uninsured or Underinsured Motorist Case!

Woodland Hills personal injury attorney Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured.” The problem with Uninsured and Underinsured Motorist claims is that there is no integrated statute and...more

Murray v. Farmers Insurance Company

Murray v. Farmers Insurance Company Arizona Court of Appeals, Division Two, January 19, 2016 - Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages - For years, the...more

Insurance Insight - California: Appellate rulings highlight importance of understanding auto coverage

Two recent decisions from the California Court of Appeal highlight the importance of understanding one’s auto insurance. Both cases left the policyholders without coverage for serious injuries that a simple policy review...more

California Court Holds Excess Policy Did Not Provide UM/UIM Coverage

In Haering v. Topa Insurance Company, 2016 Cal.App.LEXIS 78 (Feb. 3, 2016), California’s Second Appellate District had the opportunity to examine whether a “follow form” excess policy must provide uninsured/underinsured...more

Court Holds that Following Form Excess Policy Wording Does Not Also Include Underinsured Motorist Coverage of Primary Policy

In Haering v. Topa Insurance (No. B260235; filed 2/3/16), a California appeals court held that an excess liability insurance policy that “followed form” to an underlying primary policy providing uninsured...more

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