On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more
In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more
The Insurer issued an Auto Policy and an Umbrella Policy. The Auto Policy provided $100,000 of UIM coverage and the Umbrella Policy provided $2,000,000 of UIM coverage. Just like ARS § 12-555(C)(2),the Auto Policy barred UIM...more
Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more
In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more
Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more
Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more
Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But,...more
Puglia v. Safeco Ins. Co. of Illinois, 2023 WL 8059335 (Sup. Ct. New Haven, Nov. 15, 2023) - This matter involved a simple uninsured motorist claim and damages dispute between the insured plaintiff and her insurance company....more
Golik v. Erie Ins. Exch., 300 A.3d 514 (Pa. Super. Ct. Aug. 7, 2023) - Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik...more
Under the Michigan No-Fault Act certain situations will disqualify a person from receiving Personal Injury Protection/Personal Protection Insurance (“PIP”) benefits....more
On August 7, 2023, the Superior Court of Pennsylvania held that the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) only requires uninsured or underinsured motorist stacking waivers on an auto policy to be...more
Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more
In Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. 2022), the Superior Court of New Jersey Appellate Division issued a published opinion finding that an insurer is not obligated to provide underinsured motorist coverage to...more
On February 15, 2023, the Supreme Court of Pennsylvania held that household vehicle exclusions were “valid and enforceable,” and may be relied upon by auto insurers to exclude UM/UIM coverage in certain contexts. In Erie...more
In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super. 221, the Pennsylvania Superior Court applied Pennsylvania Supreme Court precedent to determine that an insured’s waiver of stacking, executed on two single vehicle...more
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more
On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...more
On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more
In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more
On June 27, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Rush v. Erie Insurance Exchange regarding the issue of whether the Superior Court erred “by finding that the ‘regular use exclusion’ contained...more
A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage. However, attorney’s fees from the...more
It is a sad fact of life that people are injured in car accidents every day on Delaware roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently announced that the number of...more
If you own a vehicle in New Jersey, you are required to carry auto insurance. For many people, it is as simple as that, and they try to obtain the cheapest policy possible to meet the legal requirements. But sadly, many...more
Personal liability and property damage auto insurance – which is also more commonly known as PLPD – describes the minimum amount of car insurance that a vehicle owner must have in order to comply with the auto insurance...more