News & Analysis as of

PIP Coverage Insurance Industry

Marshall Dennehey

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Searcy Denney Scarola Barnhart & Shipley

Proving a Hit and Run in Florida: What Evidence is Needed?

If you were injured in a hit-and-run accident in Florida, you will need evidence to file an insurance claim. While your personal injury protection (PIP) policy should provide a small amount of coverage regardless of what...more

Marshall Dennehey

Class Action Out of Minnesota with Potential Impacts on Litigating and Negotiating Major Case

Marshall Dennehey on

A class action suit is brewing in Minnesota which has the potential for major implications in the way major case investigations are litigated and negotiated. In Taqueria El Primo LLC et al. v. Illinois Farmers Ins. Co. et...more

Cozen O'Connor

Claims Notes: June 2024

Cozen O'Connor on

The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Segal McCambridge

Michigan Supreme Court Cracks Down on Fraud in Claims filed with the MAIPF: Honesty Matters Throughout the Process

Segal McCambridge on

Car insurance plays a crucial role in protecting drivers and their finances after an accident. It provides financial support for medical bills, lost wages, and car repairs. However, a recent Michigan Supreme Court decision in...more

Cozen O'Connor

Claims Notes: May 2024

Cozen O'Connor on

The steel contractor named the general contractor an additional insured on its CGL policy. The steel contractor's welds were defective. The general contractor retrofitted the named insured's defective columns before they...more

Marshall Dennehey

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

Marshall Dennehey on

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

Segal McCambridge

Michigan Court of Appeals Decision Raises Questions on Electronic Signatures in Insurance Policies

Segal McCambridge on

The Michigan Court of Appeals recently decided a case that impacts many pending claims and will impact how the underwriting department is handling policy renewals. The case of Bronson Health Care v Esurance Property and...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

Rumberger | Kirk

Florida Supreme Court Could Finally Provide Clarity on Payment of Medical Expenses by Insurers under Florida PIP Statute

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The Florida Supreme Court heard arguments Wednesday, March 8, 2023, in the case of Allstate Insurance Co. et al. v. Revival Chiropractic LLC, case number SC22-735, regarding payment of medical expenses that could affect...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

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

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

Maynard Nexsen

An Insurance Contract is Still a Contract - And How That Impacts Voluntary PIP Coverage

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In two recent opinions, the SC Court of Appeals reminded readers that parties are free to contract as they see fit, as long as the contract provisions at issue are not contrary to public policy or a statutory prohibition. It...more

Robinson+Cole Class Actions Insider

Medicare Secondary Payer Act Class Actions

There have been a substantial number of putative class actions filed recently against insurers involving the Medicare Secondary Payer Act (MSPA). These cases are typically filed by assignees of Medicare advantage...more

Butler Weihmuller Katz Craig LLP

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Butler Weihmuller Katz Craig LLP

Will Florida's Crazy PIP Litigation Soon Be a Thing of the Past?

Following an automobile accident, injured parties need immediate funds to pay for medical expenses. To ensure that injured persons have the ability to obtain necessary healthcare, Florida law requires auto insurers to...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

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2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

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