News & Analysis as of

Auto Insurance

Defence + Indemnity: April 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement). Tuffnail et al v Meekes et al, 2017 ONSC 2894, per...more

Detroit Medical Center CEO calls insurers’ No-Fault bluff

by Michigan Auto Law on

Auto insurers balk at Detroit Medical Center CEO Conrad Mallett’s offer for a dollar-for-dollar price cut with hospital charges and No-Fault insurance premiums - Did Detroit Medical Center CEO Conrad Mallett just call-out...more

Oregon Says Auto Insurers Must Accommodate Gender "X"

by Faegre Baker Daniels on

In April 2018, the Oregon Division of Financial Regulation issued a regulatory bulletin prescribing that auto insurers using sex or gender as a factor in setting rates must accommodate consumers who designate their sex as...more

Summary Judgment Rulings On Duty And Causation Elements Taco Truck And Apartment Fire Cases

by Low, Ball & Lynch on

Travis Sakai v. Massco Investments, LLC - Court of Appeal, Second Appellate District (February 8, 2018) - Taco Truck Case re: Duty - Defendant Massco Investments LLC (Massco) owned a gas station with a parking lot...more

Eliminating education and occupation as auto insurance underwriting factors

by Locke Lord LLP on

A bill was recently introduced in the New Jersey Senate that would prohibit the use of education and occupation as rating factors in automobile insurance underwriting. This leads to taking a closer look at the debate over the...more

Professional Malpractice Claim for Failure to Procure Amount of Underinsured Motorist Coverage Requested Does not Accrue Until...

In Lederer v. Schneider (No.B276266, filed 4/19/18), a California appeals court ruled that the statute of limitations on a cause of action for professional malpractice in failing to procure the full amount of...more

Assessing Business Auto Coverage For Autonomous Vehicles

With the potential addition of autonomous cars and trucks to commercial fleets, commercial insureds should reassess coverage under their commercial auto, products liability and cyber insurance policies. Automation,...more

Dementia risk is very real for brain injury survivors

by Michigan Auto Law on

Study of 2.8 million people in Denmark confirms what doctors and auto accident attorneys have seen for years: Dementia risk skyrockets after TBI; dementia long-term effect for many brain injury survivors; defense IME doctors...more

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

by Pepper Hamilton LLP on

In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more

Why are Michigan Catastrophic Claims Costs Going Up Again?

by Michigan Auto Law on

We deserve to know why MCCA catastrophic coverage costs are again going up; political opportunism suspected behind latest hikes - The cost of catastrophic coverage from the Michigan Catastrophic Claims Association (MCCA)...more

More industry groups petition Department of Defense to withdraw MLA interpretation on GAP insurance financing—is a response...

by Ballard Spahr LLP on

We previously reported that several trade groups had sent letters petitioning the Department of Defense (DoD) to rescind or withdraw Question and Answer #2 (Q&A 2) from its 2016 interpretative rule for the Military Lending...more

Seventh Circuit Finds Policy Limits Cap Insurer’s Exposure On An Excess Verdict Despite Improperly Denying A Duty To Defend

In Hyland v. Liberty Mut. Fire Ins. Co., 2018 U.S. App. LEXIS 6460 (7th Cir. March 15, 2018), the United States Court of Appeals for the Seventh Circuit considered whether a liability insurer could be saddled with the full...more

UK: The new Civil Liability Bill – will it mean a better discount rate soon?

by Hogan Lovells on

The Government’s proposed Civil Liability Bill has just had its first reading in Parliament. The Bill proposes a new method of calculating the discount rate and ways in which to reduce the number of whiplash claims....more

5 Ways to Prove Distracted Driving in an Auto Accident Case

by The Roth Firm on

Distracted Driving Car Accidents occur on a regular basis throughout the state of Georgia, leaving thousands of people with severe or life-threatening injuries. When you get behind the wheel of a vehicle, you need to do more...more

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

Wearing a Seat Belt and its Affect on your Personal Injury Claim 

by The Brown Firm on

Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but can potentially save your life if you become involved in an accident. ...more

Will partisan assault on Obamacare also rack up costs of car insurance?

Although Congressional Republicans and the Trump Administration may not want to stop their relentless assault on the Affordable Care Act, aka Obamacare, there may be other reasons to persuade them to do so....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

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

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...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

Jones, Skelton & Hochuli Partners Sandy Gerber and Josh Snell Obtain Unanimous Defense Verdict

Plaintiffs Tyler Newton and Kalynn Palimsano insured their 2007 Chrysler Pacifica with our client, Defendant GEICO Automobile Insurance. On January 6, 2014, Plaintiff Kalynn Palmisano was driving the Pacifica when the engine...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

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