Uninsured and Under-Insured Motorists

News & Analysis as of

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Can You Protect Yourself from California's Outdated Financial Responsibility Law?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

What to Do if You Are Involved in a Hit-and-Run Accident

A driver may flee a motor vehicle accident for a variety of reasons. She or he may have an outstanding arrest warrant, have a suspended driver’s license, have no insurance or be impaired by drugs or alcohol. Leaving the scene...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

Getting Compensation When Injured by an Uninsured Driver

In a tough economy, uninsured and underinsured drivers are more common than ever. While the risk of driving uninsured is well-publicized, the real risk lies with those who are injured by drivers who carry minimum coverage or...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

Do You Know the Statute of Limitations in an Underinsured Motorist Case?

Los Angeles Uninsured Motorist attorney Barry P. Goldberg is regularly asked this question because his article "Effectively Preserving the Statute Of Limitations in Uninsured Motorist Cases" is one of the most viewed...more

How to Protect Yourself From Uninsured Motorists

Violating certain laws, even when the violation seems benign or inconsequential, can nevertheless have real consequences for the lawbreaker and the victim. One common example is driving without car insurance. If an uninsured...more

Commentary on Schmitz v. Lombard

On February 4, 2014, the Ontario Court of Appeal may have finally put to rest the longstanding issue regarding the length of the applicable limitation period and when it begins to run regarding claims for underinsured...more

How Can You Insure Yourself Against Uninsured Motorists?

Typically, after an auto accident you are expected to exchange insurance information with the other driver. But imagine one Sunday as you are driving home from brunch, another driver crashes into the side of your car as he...more

Supreme Court Rules In Favor Of Drivers In Insurance Coverage Dispute

For a brief time from approximately 2009 to 2010, the Wisconsin statute governing automobile insurance policies contained two arguably inconsistent provisions. First, the 2009-2010 version of the statute contained a provision...more

Slow Down, WA Court Taps the Brakes on Insurer’s Duty to Defend

On January 28, 2014, the Washington Court of Appeals held that an insurer had no duty to defend a motorist under either his homeowners or auto insurance policies when the unambiguous allegations made against the insured...more

What Is UM and UIM Insurance and Why Does It Matter to You?

Auto insurance is not a riveting subject, and most people don’t pay much attention to it beyond the basics. You know that the law requires you to carry automobile insurance and that it protects you from liability in case you...more

Weekly Law Resume - January 2014: Insurance Coverage – Underinsured Motorist Coverage

Todd Berendes, et al. v. Farmers Insurance Exchange, et al. - Court of Appeal, Third Appellate District (November 18, 2013) - Uninsured and Underinsured Motorist Coverage is primarily governed by Insurance Code...more

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