News & Analysis as of

Insurance Personal Injury

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Defence + Indemnity: February 2018 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not...more

Defence + Indemnity: February 2018 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES - A. An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the U.S. state where the accident occurred up to the OPCF 44R limits but...more

Rep. Lucido’s Macomb Solution to get rid of Michigan’s Mandatory Car Insurance is Ludicrous

by Michigan Auto Law on

So-called “Macomb Solution” to get rid of mandatory car insurance in Michigan and allowing drivers to elect to be uninsured is epically bad idea; financial ruin if a car crash occurs - Macomb County Rep. Pete Lucido’s...more

North Carolina Cases Involving Traumatic Brain Injuries

by Ward and Smith, P.A. on

A traumatic brain injury ("TBI") results from a specific traumatic event causing some type of damage to the brain. Such trauma could be the head being struck by an object or being jolted by a collision, or even having an...more

Legal Issues Developing with Autonomous Vehicles

In this podcast, McNees Wallace & Nurick attorney Jim Franklin discusses the legal issues developing with Autonomous Vehicles. ...more

Bills to replace Michigan No Fault with pure tort liability insurance system introduced

by Michigan Auto Law on

Here is what a pure tort liability system will mean for car accident victims and drivers in Michigan - Yesterday House Republicans introduced legislation to repeal Michigan’s 45-year-old No Fault auto insurance law and...more

Wrongful Death Claims in North Carolina

by Ward and Smith, P.A. on

Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Plan to Repeal Michigan No-Fault Auto Law Expected

by Michigan Auto Law on

Republican plan to repeal No Fault and return Michigan to a pure tort liability insurance state expected as soon as tomorrow - House Republicans will introduce – maybe as soon as this Tuesday – a controversial plan to...more

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

The Risks of Older Drivers Using Medicare instead of Michigan No-Fault Auto Insurance

by Michigan Auto Law on

By allowing seniors to opt out of No Fault for Medicare, SB 787 jeopardizes seniors’ medical and financial health after a car crash - It sounds good, at first. Allowing senior and elderly drivers to opt out of Michigan...more

First Look - Winter Issue 2018

by Steptoe & Johnson PLLC on

This past year, the Insurance Company Team recently welcomed six new team members from The Woodlands, Texas office of Steptoe & Johnson PLLC. The combined experience of the new members brings decades of Texas focused...more

Harm caused by temporary car insurance is far from temporary

by Michigan Auto Law on

Temporary car insurance, such as 7 day policies, hurts uninsured drivers in cities like Detroit & Flint – who will face severe consequences after a car accident...more

Court Denies Plaintiff's Gameshow Approach to Litigation and Twice Denies Her Motion to Increase Her Demand

by Sands Anderson PC on

The First Case - The plaintiff filed a Complaint asking for an award of $250,000. She alleged she was entitled to this amount as compensation for injuries the defendant’s armored van caused her during a 2013 automobile...more

Defence + Indemnity: December 2017 - I. Insurance Issues C.2

by Field Law on

I. INSURANCE ISSUES - C. Where the policy excludes coverage for intentional acts, allegations of negligence relating to the same claim will not be excluded from coverage if “it is possible that they were not committed with...more

Defence + Indemnity: December 2017 - I. Insurance Issues D.

by Field Law on

I. INSURANCE ISSUES - D. An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent...more

Defence + Indemnity: December 2017 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or...more

Defence + Indemnity: December 2017 - II. Liability Issues

by Field Law on

II. LIABILITY ISSUES - A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the...more

Defence + Indemnity: December 2017 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent’s homeowner’s policy was held to exclude coverage for the...more

Defence + Indemnity: December 2017 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES A. In Ontario the Statutory Condition in an auto policy requiring that the driver be “authorized by law” to drive refers to the licensing regime such that breaching driving conditions in a probation...more

An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

by Jaburg Wilk on

Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Ambulance chasing insurance claims adjusters

by Michigan Auto Law on

Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

Insurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury...

On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more

Long-Time Reinsurance Attorney Ruled Not Qualified To Arbitrate 9/11 World Trade Center Reinsurance Dispute

by Carlton Fields on

An attorney with “considerably more than ten years’ experience of insurance and reinsurance law” has been deemed unqualified to arbitrate a reinsurance dispute stemming from the September 11, 2001 terrorist attack on the...more

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