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
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
On March 14, 2022, the Colorado Supreme Court held that a bad faith cause of action does not accrue against an insurance company’s adjuster employee. This important decision affirms that Colorado’s claims adjusters cannot be...more
ADDITIONAL AND NAMED INSUREDS/PRIORITY- Court Rules “C/O” Company In Contract Not An Additional Insured- A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working... ...more
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
A recent decision involving insurance coverage for a rideshare driver explains the temporal aspect of rideshare policies, which insure drivers during certain phases of the rideshare process. Here a driver sought uninsured...more
Booker v. State Farm Mutual Automobile Insurance Company, No. 17-cv-03133-MEH (D. Colo. May 6, 2019) - Stephanie Booker sustained injuries as a result of an automobile accident caused by another driver. ...more
The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision – this time in California in the rapidly developing area of financial elder...more
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
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
Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more
In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more
In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more
Where an automobile policy covers someone other than the named insured, a “step-down” provision may subject the amount of available coverage to the limit on “similar coverage” that is imposed by the injured person’s own...more
In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its...more