Loading and Unloading Under GL and Auto Policies: 2024
On Demand Insurance is Here But Will it Stay?
Understanding Supplemental Spousal Liability Insurance in NY
Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more
Car accidents can be a very stressful experience, and there is nothing more frustrating than the aftermath of having your car totaled, and you’re not at fault. The process can feel overwhelming, especially when dealing with...more
Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully...more
In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more
If you were injured in an auto accident in Florida, you are entitled to just compensation for your injuries. But, what if you also have pre-existing injuries from before the crash? While this can complicate the process of...more
By way of background, on November 22, 2021, David Goyco was operating a Segway low-speed electric scooter (LSES), which has a maximum speed of 15.5 miles per hour, when he was struck by an automobile. As a result of the...more
In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more
On May 14, 2024, the Supreme Court of New Jersey affirmed last summer’s Appellate Division decision that a plaintiff injured while operating a low-speed electronic scooter did not qualify for Personal Injury Protection...more
Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more
Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....more
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
Odgers v. USAA Cas. Ins. Co., No. CV 22-4521, 2023 WL 5651976 (E.D. Pa. Aug. 31, 2023) - The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had...more
On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...more
The United States Court of Appeals for the Eleventh Circuit recently addressed the issue of whether tendering a policy limits check on a liability policy with an overbroad release could constitute bad faith. In Pelaez v....more
Automobile insurance policies specify a maximum amount the insurer will pay for a single accident. This coverage limit applies both to liability and uninsured/underinsured motorist (“UM”) coverages. ...more
On November 20, 2020, the Superior Court of Delaware confirmed that coverage denials that rely on plain policy language outlined in an automobile insurance policy’s Insuring Agreement, as opposed to a policy exclusion, are...more
The Holding - In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more
Florida is a popular destination for vacations and second homes. When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt. To prevail on the seatbelt...more
Underinsured Motorist ("UIM") coverage is an incredibly important source of insurance in car accident cases involving personal injuries. Liability insurance pays claims for someone when they are at-fault for an accident;...more
It has long been the rule in Pennsylvania that a mental or psychological injury generally does not constitute “bodily injury,” as defined in most standard insurance policies, unless that mental or psychological injury results...more
There is no legal THC limit in Michigan to prove a person is guilty of marijuana-impaired driving. There is also not likely to be any limit to prove marijuana-impaired driving anytime soon. That’s because a legislatively...more
Changing lanes without looking or without enough room to avoid affecting the flow of traffic is a common factor in accidents on Florida’s highways and in busy urban and suburban areas. Changing lanes unsafely is a form of...more
Rejecting insurance bad faith claims based on an insurer’s handling of settlement discussions, the Georgia Supreme Court has ruled that "an insurer’s duty to settle arises only when the injured party presents a valid offer to...more
The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more
In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more