News & Analysis as of

No-Fault Insurance Insurance Industry

Melito & Adolfsen

Accidents, pain, lawsuits, doctors and lawyers. Is the pain real? The Nail Gun Story.

Melito & Adolfsen on

Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more

Rivkin Radler LLP

Insurance Update - March 2024

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We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (01/2024)

1. German Federal Court of Justice rules on reimbursement of disputed workshop invoices by insurance companies - On 16 January 2024, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) decided five cases, all...more

Segal McCambridge

Michigan Court of Appeals Clarifies that Covenant Still Applies to Automobile Accidents That Occurred Prior to the No-Fault Reform

Segal McCambridge on

Recently, in Centria Home Rehab., LLC v. Allstate Ins. Co., ____ Mich. App. _____, Mich Ct. App. Docket No. 363699, unpublished citation 2023 Mich. App. LEXIS 7744 (October 26, 2023), approved for publication December 14,...more

Marshall Dennehey

An Insurer Does Not Have a Duty to Investigate Potential Transportation Costs Unless Its Insured Notifies the Insurer That They...

Marshall Dennehey on

Eric R. Cruz v. Security National Ins. Co., Circuit Court, 17th Judicial Circuit in and for Broward County, Case No. CACE 20-00612 (07), Feb. 24, 2023 - The trial court granted the defendant’s motion to dismiss the...more

Marshall Dennehey

New Jersey Court Reviews No-fault Law’s Language and Finds That There Was Nothing Preventing an Arbitrator From Hearing Common Law...

Marshall Dennehey on

GEICO, et al. v. Caring Pain Management PC, et al., Case No. 2:22-cv-05017(BRM)(JSA) 2023 WL 3749984 (U.S.D.C. District of New Jersey May 31, 2023) - The defendants (a series of medical providers) filed a motion to dismiss,...more

Rivkin Radler LLP

Insurance Update - August 2023

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Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Insurance Companies in Truck Accident Cases in Florida

Insurance coverage is an important aspect of any personal injury case. The process of dealing with insurance adjusters can be complicated. This level of complication can be magnified for a number of reasons in truck accident...more

BakerHostetler

Insurance Class Action Update - 2023 Q1

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This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 29 2022

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Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend- Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...more

Michigan Auto Law

Does my Insurance Cover an Accident Outside of Michigan?

Michigan Auto Law on

If you’re going to be taking a road trip outside of Michigan, it is important to know what your legal rights are in the event that you are involved in an out-of-state auto accident. Can you sue the at-fault driver who...more

Rumberger | Kirk

Win for Florida Insurance Carriers on PIP Calculations

Rumberger | Kirk on

The Supreme Court of Florida issued a significant decision regarding the calculation of personal injury protection (PIP) benefits in MRI Associates of Tampa, Inc., etc. v. State Farm Mutual Automobile Insurance Company;...more

Michigan Auto Law

Should I cancel No Fault insurance if I move out of Michigan?

Michigan Auto Law on

Michigan auto No Fault insurance is expensive. If you’re planning on moving out of Michigan and becoming a resident of another state, you’re probably looking forward to insuring your car in your new state and cancelling your...more

Rumberger | Kirk

The Faults of House Bill 719 Repealing Florida’s No-Fault System

Rumberger | Kirk on

Florida’s status as a no-fault state may be coming to an end as the legislature sends Senate Bill 54 to the desk of Governor Ron DeSantis. Florida is one of the minority of states that requires motor vehicle owners to carry...more

Michigan Auto Law

Changes to Michigan No Fault Insurance Fraud Rules

Michigan Auto Law on

A recent Michigan Court of Appeals ruling – which applied a landmark decision by the Michigan Supreme Court from 2020 – has put an end to insurance companies exploiting overly broad anti-fraud provisions in policies to deny...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2021

Rivkin Radler LLP on

Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more

Michigan Auto Law

Insurance Coverage For Michigan Food Delivery Drivers

Michigan Auto Law on

Insurance for food delivery drivers in Michigan is complicated. Many people who deliver food for a living do not realize there are differences in coverage between their personal auto No-Fault insurance policies and a...more

Womble Bond Dickinson

To Encourage Autonomous Vehicles in Your State Create a No-Fault Insurance Pool

Womble Bond Dickinson on

Legislators can become heroes. With one act of non-partisan legislation, your representatives could save thousands of lives, could boost the U.S. manufacturing economy, and could make all of our lives easier, safer, and...more

Michigan Auto Law

Insurance Agent Negligence and the New Michigan Auto Insurance Law

Michigan Auto Law on

Now is not the time to be placing new limits on insurance agent liability. Think of insurance agents as the foot soldiers for the new Michigan auto insurance law. Insurance agents are now – more than ever before – tasked...more

Michigan Auto Law

The “Game” of 7 Day Car Insurance Policies continues with 6 Month Policies with Installment Payments

Michigan Auto Law on

“Michigan stops LA Insurance’s sale of 7 day car insurance policies, but will the uninsured driver problem in Detroit improve now that 7 day policies are being replaced with 6 month car insurance with installment payments?” ...more

Michigan Auto Law

Gursten tells Fox 2 Detroit why Duggan lawsuit is flawed

Michigan Auto Law on

Duggan ignores redlining and credit scoring, two issues that hammer Detroiters and drive up car insurance rates in Motown; time to enact HB 5111 - Detroit Mayor Mike Duggan has recently filed a lawsuit in federal court...more

Michigan Auto Law

Detroit Mayor Duggan’s No-Fault lawsuit

Michigan Auto Law on

Here’s the easy fix to Mayor Duggan’s lawsuit to find Michigan’s auto No Fault law unconstitutional and repeal No Fault law - There’s an easy fix staring us in the face to Mayor Duggan’s lawsuit that was filed last...more

Michigan Auto Law

Michigan Senate Passes No-Fault Changes for Senior Drivers

Michigan Auto Law on

The full Michigan Senate has passed two No-Fault bills – Senate Bill 787 and Senate Bill 1014 – which, if passed by the House and enacted into law, will substantially alter the rights and benefits guaranteed to car, truck and...more

Michigan Auto Law

Why are Michigan Catastrophic Claims Costs Going Up Again?

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

Michigan Auto Law

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

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

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