News & Analysis as of

Car Accident Policy Terms

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

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In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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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

Marshall Dennehey

Take a Closer Look: The Precise Language of an Out-of-State Coverage Provision Leads To Varying Results

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Key Points: Where the language in an insurance contract is plain and unambiguous, the courts must interpret the terms of the contract according to their plain meaning as written....more

Marshall Dennehey

Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts

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The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz. Major...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Rodemer Kane Attorneys at Law

Should I File a Claim With My Insurance if I’m Not at Fault for a Car Accident?

Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

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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

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

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

Presley & Presley

Unique Supplemental Payments Provision Leads to Supplemental Payday

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Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend....more

Marshall Dennehey

Ohio Supreme Court Applies Contract Language to Determine if Permissive User Qualifies as an Insured Under a Personal Auto Policy.

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Acuity, A Mut. Ins. Co. v. Progressive Specialty Ins. Co., 2023-Ohio-3780 This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was...more

Marshall Dennehey

Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or...

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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

Marshall Dennehey

Courts’ Trend to Weaken Commonly Used Coverage Exclusions Continues

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In a decision handed down last week in Nationwide Property and Casualty Insurance Company v. Elvia Castaneda and Christina Tapia Casteneda, a three-judge panel of the Pennsylvania Superior Court invalidated the “unlicensed...more

Morris James LLP

Understanding Car Insurance After an Accident

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Car accidents, unfortunately, are a common occurrence, and navigating the aftermath can be confusing and stressful. A vital part of this process involves understanding how car insurance works after an accident....more

Carlton Fields

Fifth Circuit Holds No Uninsured Motorist Coverage for Lyft Driver Following Crash

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In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Insurance Companies in Florida Personal Injury Cases

If you have been injured in an accident, then you can expect to be contacted by the defendant’s insurance adjusters in short order. While most people are aware that dealing with insurers is an important part of personal...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

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

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

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

Robinson+Cole Class Actions Insider

Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class Certification

Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in...more

Foster Swift Collins & Smith

Plan Ahead When Lending or Borrowing a Horse Trailer

Lending your trailer may seem to be a simple and friendly accommodation, but accidents can occur and the risk of liability is always present. Insurance issues add to the complexity. Never assume that everyone’s insurance...more

Woodruff Sawyer

What Does a Billion-Dollar Verdict Mean for Casualty Insurance Buyers?

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Frequency of severity is back. Insurance buyers need to approach excess casualty renewals carefully to mitigate for loss trends and take advantage of a changing insurance market....more

Butler Weihmuller Katz Craig LLP

Good Faith: Plaintiffs’ Complaints About Release Held Invalid

The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more

Butler Weihmuller Katz Craig LLP

Insurer Doesn’t “Waive” Goodbye To Coverage Defenses By Making A Payment

Does an insurer “open coverage” or “acknowledge coverage” for a claim by making a payment? No, it doesn’t. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of...more

Butler Weihmuller Katz Craig LLP

More Than One Collision, But How Many Accidents?

Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. ...more

Butler Weihmuller Katz Craig LLP

Personal Injury Protection Coverage: A Thing Of The Past In Florida?

Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971.  PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more

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