Uninsured and Under-Insured Motorists

News & Analysis as of

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

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

New Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for...

On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or...more

Who Pays When The Other Driver Is Uninsured Or Underinsured?

Uninsured and underinsured motorists do not have the coverage needed to adequately compensate victims for the expenses incurred during the accident. Many victims end up paying out-of-pocket to cover the cost of vital and...more

The Problem of Underinsured Trucking

The effects of a vehicle accident involving a semi-trailer truck can be devastating. While driving along highways, we have all encountered an overturned truck next to a mangled car by the side of the road. The sheer size of...more

Illinois Supreme Court Limits Insurance Guaranty Fund's Liability in Dram Shop Act Cases

This morning, a unanimous Illinois Supreme Court handed the Illinois Insurance Guaranty Fund a win, reversing the Appellate Court’s decision in Rogers v. Imeri. Rogers posed the question of how the Fund’s offset for prior...more

Widow Granted Leave to File Late Claim Against Public Entity Because Delay Was Reasonable and Excusable

A widow filed a notice of claim and application for leave to file a late claim with a public entity one year after a traffic accident that killed her husband. The court of appeals held that the widow’s failure to discover a...more

Arizona Court of Appeals Holds UM/UIM Selection/Rejection Form Must Include Premium Prices

In Melendez v. Hallmark Insurance Company, 232 Ariz. 327, 305 P.3d 392 (June 11, 2013), the Arizona Court of Appeals held a UM/UIM selection/rejection form is not a valid “offer” under Arizona’s Uninsured Motorist Act, which...more

Bad Faith Sentinel - October 2013

In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

Auto Insurance Claims Process Pitfalls

When you pay car insurance premiums, you expect the company to be there for you after an accident. Unfortunately, your insurer may try to minimize your compensation or even deny your claim altogether. Knowing more about the...more

Weekly Law Resume: Uninsured Motorist Coverage – Statutory Exclusions vs Policy Language

Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau - California Court of Appeal, Second Appellate District (August 12, 2013)- Insurance Code Section 11580.2, the...more

Understanding UM/UIM Insurance

It’s a dangerous world out there, and we cannot always count on others to act responsibly or even abide by the law. Purchasing UM/UIM coverage on your own insurance policy allows you to take control of some of that risk by...more

Clients Injured By Uninsured Drivers

Wisconsin is an "at fault" insurance state....more

Choosing Insurance Coverage In Florida

Drivers in Florida always seem so carefree. The wind is in their hair, the convertible top is down and the sun is shining. Entertaining thoughts that something could go wrong is the furthest thing from their minds. ...more

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