Uninsured and Under-Insured Motorists

News & Analysis as of

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

Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages

For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones,...more

Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss

In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its...more

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Danger on the Road: Stemming the Rising Tide of Uninsured Motorists

Uninsured motorists pose one of the greatest risks to drivers and pedestrians throughout the country. According to studies by the Insurance Resource Council, 12.6% of drivers in the United States are driving without insurance...more

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory...more

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

Gambrell v. IDS Prop. Cas. Ins. Co.

INSURERS NEED NOT OFFER OR PROVIDE UIM COVERAGE IN PERSONAL AUTO POLICIES FOR ACCIDENTS OCCURRING IN BUSINESS/COMMERCIAL VEHICLES. Gambrell was driving a semi-tractor milk for his employer when another driver lost...more

Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under...

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

“Baby You Can Drive My Car—Yes I’m Gonna Be a Star”

Woodland Hills personal injury attorney Barry P. Goldberg is regularly consulted on accident cases where the driver involved is driving someone else’s vehicle. “Baby you can drive my car” might have some unexpected...more

Fifth Circuit Court of Appeals: Establishing an Arguable Basis for Delay or Denial of a Claim Precludes a Finding of Bad Faith

Dey v. State Farm Mut. Auto. Ins. Co., No. 14-60300, 2015 WL 3772762 (5th Cir. June 17, 2015). Fifth Circuit holds that “pocketbook dispute” between insured and insurer over value of the insured’s claim and insurer’s...more

Changes to Virginia UM/UIM Law

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of...more

Proper Measure of Medical Damages, Admissibility Of Evidence, and Sufficiency of Evidence in Tort Cases Involving an Uninsured...

Omar Bermudez v. Faith Ciolek - Court of Appeal, Fourth Appellate District (June 22, 2015) - Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of...more

Middle District of Pennsylvania: Possibility of Bad Faith Exists Despite Payment of Claim Where Insured Alleges Untimely Claims...

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015). Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material...more

Policyholder Insider Quarterly

Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more

Newman v. Cornerstone - Insurer's Offer of UIM Need Not Specify Its Cost

Newman was injured in a motor vehicle accident for which the at-fault driver carried insufficient insurance to compensate her for her damages. Therefore, she sought UIM coverage from her insurer, Cornerstone. Cornerstone...more

Another Reason to Increase Your Uninsured Motorist Coverage–Latest Report Shows 4.2 million Californians — or one in six drivers...

In a report just released and covered in the Los Angeles Times, a human rights and activist group shows that “suspended” licenses are an even bigger problem in California. That group, Lawyers’ Committee for Civil Rights of...more

Change is in the Air: New Jersey Justices Hold Their Noses While Siding with Insurer in UM Disputes

On February 18, 2015, the Supreme Court of New Jersey issued separate opinions in two first-party, uninsured motorist cases against the same auto insurer. Plaintiffs in both cases alleged that the insurer had acted in bad...more

New Jersey Supreme Court Upholds “Fairly Debatable” Standard for Establishing Insurer Bad Faith for Uninsured Motorist Coverage

In a pair of recent decisions addressing first-party claims for uninsured motorist coverage , Wadeer v. N.J. Mfrs. Ins. Co., A-48-12, 2015 N.J. Lexis 132 (N.J. Sup. Ct. Feb. 28, 2015) and Badiali v. N.J. Mfrs. Ins. Group,...more

It’s important to have underinsured/uninsured coverage

When Illinois motorists take to the streets, they place an incredible amount of trust in the other motorists with whom they share the roads. Unfortunately, many of these motorists do not live up to expectations and they fail...more

NJ Supreme Court Issues Companion Decisions That Impact Insurers’ Handling of UM/UIM Matters and Address New Jersey’s “Fairly...

On February 18, 2015, the New Jersey Supreme Court issued companion decisions – Badiali v. New Jersey Manufacturers Insurance Group and Wadeer v. New Jersey Manufacturers Insurance Group – that impact insurers’ handling of...more

74 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×