News & Analysis as of

Uninsured and Under-Insured Motorists

Butler Wins Dismissal of a First-Party Bad-Faith Claim Involving a Civil Remedy Notice That Listed a Different Household Policy

In Florida, an insured cannot bring a first-party bad faith claim based on a claim for UM coverage unless the insured first files a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. In Mathurin v....more

Waiving Uninsured Motorist Coverage— No Written Waiver is Required to Provide Uninsured Motorist Coverage Above the Minimum.

Woodland Hills personal injury attorney is an expert on all things “Uninsured and Underinsured” Motorist Law in California. Although Mr. Goldberg never recommends waiving or reducing Uninsured Motorist Coverage, such...more

John Doe Removals to Federal Court – Not so Fast!

by Nexsen Pruet, PLLC on

In a recent decision of Brown v. Doe, 2018 WL 316714, the U.S. District Court for the District of South Carolina remanded a John Doe action to the state court. Briefly, Plaintiff, who was driving her employer’s vehicle, was...more

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...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

Should You Mediate Your Uninsured or Underinsured Motorist Case?

Woodland Hills car accident lawyer Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured” Motorist in California. Mr. Goldberg frequently gets calls from other personal injury attorneys seeking “the...more

Injured in a Bike Hit and Run?

Recently, a father of 5 was riding his bike along PCH when he was struck and seriously wounded by a hit and run driver. While the man did survive, his injuries are so severe and life-changing that he will require 24/7 care...more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

by Pessin Katz Law, P.A. on

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain...more

Who’s Acting In Bad Faith Now? Federal Court Slams Policyholder’s Counsel on Fee Petition

Plaintiff Bernie Clemens was injured in a motor vehicle accident in August 2009. Clemens’ attorney helped him recover $25,000 in a supplementary underinsured motorist (SUM) claim, and then sued Clemens’ insurer under...more

District of Colorado Grants Summary Judgment for Insurer on Common Law (But Not Statutory) Bad Faith Claim Where No Evidence...

MacKinney was involved in a motor vehicle accident and sought underinsured motorist coverage from Allstate. Allstate insured MacKinney’s vehicle under three policies. The total UIM coverage under the policies was $150,000,...more

Defence & Indemnity - August 2017: I. Insurance Issues: Funk v. Wawanesa Mutual Insurance Company, 2017 ABQB 308, per Simpson, J....

by Field Law on

I. INSURANCE ISSUES A. The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to...more

The Uninsured Motorist Law is “Stacked” Against Us! Time to Allow “Stacking” in California.

Woodland Hills personal injury attorney Barry P. Goldberg has become a leading authority on Uninsured and Underinsured Motorist Law in California. “Stacking” Uninsured Motorist policies is not permitted in California and the...more

UIM Claims – Still No Bad Faith for Refusal to Settle, But….

by Nexsen Pruet, PLLC on

South Carolina has never recognized a bad faith cause of action based upon the failure of an underinsured (UIM) carrier to settle a UIM claim. Maintaining the established precedent, the United States District Court recently...more

How Insurance Companies Calculate A Settlement Offer

by Howard Ankin on

Insurance companies do not have one precise method for calculating settlement offers that is applied to every case. Each accident is unique. Insurance companies have a financial incentive to pay as little as possible and will...more

Insurance Bad Faith – Genuine Dispute Doctrine

by Low, Ball & Lynch on

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in the underlying UM claim, everyone assumed the jury verdict was binding in the bad faith action. Then, Bottini v. GEICO...more

Know Your Options When Your Insurer “Low-Balls” Your Uninsured Motorist Claim!

Woodland Hills personal injury attorney Barry P. Goldberg loves handling Uninsured Motorist claims because it is one of the few circumstances where the insured has leverage over his or her insurance company. Barry definitely...more

Failure to Have Additional Treatment Records Reviewed by Expert Precludes Summary Judgment on Genuine Dispute Doctrine

In Zubillaga v. Allstate Indemnity Company (No. G052603, filed 6/19/17), a California appeals court ruled that triable issues about the insurer’s reliance on expert medical opinions precluded summary judgment on the genuine...more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

by Dickinson Wright on

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

by Nexsen Pruet, PLLC on

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

by Sands Anderson PC on

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault...more

How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?

Woodland Hills Personal injury attorney Barry P. Goldberg often answers the question “How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?” Why? Because huge numbers of California drivers are uninsured...more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

8th Circuit Denies UIM Coverage Again Based Upon Mo. Supreme Court Decision in Rodriguez v. General Accident Insurance Company

by Williams Venker & Sanders on

For a third time in four years, the 8th Circuit has denied UIM coverage to an insured based upon the Missouri Supreme Court’s decision in Rodriguez v. General Accident Insurance Company of America, 808 S.W.2d 379 (Mo. banc...more

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