On April 29, 2026, the Superior Court of New Jersey Appellate Division ruled that the trial court erroneously denied a defendant insurer’s request to sever and stay an insured’s New Jersey Insurance Fair Conduct Act...more
UIM Exhaustion Does Not Require Payment of Underlying Limits - The Colorado Supreme Court addressed when an excess UIM carrier’s obligations are triggered under an exhaustion provision. The insured argued that excess...more
May is Motorcycle Safety Awareness Month, and Delaware’s 2025 police reports show why rider visibility, driver attention, and early evidence preservation matter after a motorcycle crash....more
James Glascott v. USAA Casualty Insurance Company, Index No. 806225/2024, Erie County, New York. The plaintiff, a resident of Erie County, New York, was legally traversing a four-way stop intersection when his vehicle was...more
In the first quarter of 2026, circuit courts from around the country issued important decisions with potentially far-reaching implications for insurance class actions—and class actions more generally....more
Allmerica Fin. Benefit Ins. Co. v. Hunt, --- F. Supp. 3d ---, 2025 WL 3634209 (E.D. Pa. Dec. 15, 2025). In this tragic case, James Hunt was stopped at a red light while driving a vehicle owned by his employer when he was...more
A fatal pedestrian crash in Milford is under investigation by Delaware State Police after a driver reportedly struck a pedestrian and left the scene....more
The fourth quarter of 2025 brought class certification of a novel property and casualty insurance theory stemming from rental reimbursement coverage. Meanwhile, the trend of courts denying class certification in total loss...more
Bicycle accident claims present unique legal challenges that set them apart from typical car accident cases, starting with the fundamental vulnerability of cyclists who have no protective metal frame, airbags, or crumple...more
Erie Insurance Exchange v. Russo, 343 A.3d 291 (Pa. Super. Ct. Jul. 22, 2025) - While in the course and scope of his employment and while operating a vehicle owned by his employer, Russo was injured in a motor vehicle...more
Stacking refers to combining coverage limits across one or more insurance policies to increase the total amount available for a single covered loss. With automobile insurance, the issue of stacking arises with regard to...more
A summary of the year’s important insurance coverage and extra-contractual cases within FMG’s footprint across the country. State Farm Automobile Ins. Co., v. Orlando - In vacating the Court of Appeals’ opinion, the...more
In Florida, filing a claim with the at-fault driver’s insurance company after a car accident generally requires proof that you suffered a “significant” or “permanent” injury in the crash. ...more
Minimum Auto Limits Raised to $35k/$70k - Effective January 1, 2026, minimum limits for standard auto liability policies increase to $35,000 per person/$70,000 per accident for both liability and UM/UIM coverage (up from...more
Georgia personal injury practitioners are increasingly encountering settlement demands in non-motor vehicle tort cases that require the use of a “limited liability release” pursuant to O.C.G.A. § 33-24-41.1. This practice,...more
California’s roads are busy, and the state’s population is constantly on the move. With millions of drivers on the highways, collisions are unfortunately common. While liability insurance is legally required, not every driver...more
The Superior Court of Pennsylvania, on Friday, October 17, 2025, affirmed a finding of bad faith against Erie Insurance Exchange, but vacated the trial court’s award of attorney’s fees and interest. In Dina Devincenzo‑Gambone...more
A fatal collision between a Jet Ski and a boat on a Wisconsin lake raised a compelling question: Does an auto policy’s uninsured motorist coverage stretch from the road to the water?...more
In bad faith litigation, much in a claim file may be subject to disclosure. While not as frequently contested, a Florida court recently reinforced the same holds true for a policyholder’s documents....more
Understanding what you need to do as the victim of a serious car accident can be challenging under any circumstances. But, it can be especially challenging if the at-fault driver died in the crash. ...more
Picture this: a claimant has just been rear-ended by an underinsured driver. The at-fault driver’s insurance offers policy limits of $25,000, a fraction of the insured’s damages. The insured signs a release, deposits the...more
In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM...more
While most car accidents involve collisions between moving vehicles, we also occasionally see cases in which one of the cars was parked. When a driver or passenger is sitting in a parked vehicle at the time of a collision,...more
If you drive in California, it’s important to know that the state’s minimum car insurance requirements have changed. As of 2025, California has updated the minimum amount of insurance drivers must carry. These changes could...more
In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the dismissal of an insured’s bad faith settlement delay claim against her insurer after she attempted to recover under section 155 of the...more