News & Analysis as of

Car Accident Uninsured and Under-Insured Motorists Insurance Industry

Searcy Denney Scarola Barnhart & Shipley

15 Reasons Why the Other Driver Could Be Responsible for Your Car Accident in Florida

If you’ve been injured in a car accident in Florida, can you file an insurance claim? While you can always seek coverage under your own collision and personal injury protection (PIP) policies, car accident victims can file...more

Rodemer Kane Attorneys at Law

What Happens When an Uninsured Truck Driver Gets Into an Accident in Colorado?

Colorado sees a lot of commercial truck traffic as cargo is moved from south to north and east to west across the state. Highways such as the I-25, or I-70 are very busy. But what happens if a truck driver gets in an...more

Marshall Dennehey

A Claim for Bad Faith Must Be Plausible, Not Just Possible

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Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more

Marshall Dennehey

Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their...

Marshall Dennehey on

D’Elia v. Liberty Mutual Insurance Company et al., 2024 WL 2931140 (Sup. Ct. Waterbury, June 3, 2024) - In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was...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

Maison Law

Your Legal Obligations Following a California Car Accident

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California automobile accidents can have serious physical, financial, and legal repercussions. If you get involved in a car accident while you’re driving, you need to be aware of your legal obligations so you can protect your...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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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

Cranfill Sumner LLP

North Carolina Supreme Court Rules Stacking of UIM Coverage Is Not Permitted When Determining Whether a Vehicle is Underinsured

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In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Car Accident in Florida

Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But,...more

Marshall Dennehey

The Superior Court of Connecticut Accepts All of Plaintiff’s Subjective Complaints at Face Value.

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Puglia v. Safeco Ins. Co. of Illinois, 2023 WL 8059335 (Sup. Ct. New Haven, Nov. 15, 2023) - This matter involved a simple uninsured motorist claim and damages dispute between the insured plaintiff and her insurance company....more

Marshall Dennehey

Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or...

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Golik v. Erie Ins. Exch., 300 A.3d 514 (Pa. Super. Ct. Aug. 7, 2023) - Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik...more

Segal McCambridge

Michigan Court of Appeals Expands Unlawful Taking Rule

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Under the Michigan No-Fault Act certain situations will disqualify a person from receiving Personal Injury Protection/Personal Protection Insurance (“PIP”) benefits....more

Marshall Dennehey

Pennsylvania Superior Court Addresses Stacking Waivers in Single Vehicle Policies

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In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super. 221, the Pennsylvania Superior Court applied Pennsylvania Supreme Court precedent to determine that an insured’s waiver of stacking, executed on two single vehicle...more

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

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In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

Kennedys

Newly signed bill opens the door for bad faith suits against auto insurers providing UM and UIM benefits

Kennedys on

On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue...more

Sheppard Mullin Richter & Hampton LLP

Insurer Entitled to Arbitrate Disputed UIM Claim Before Insured Could Pursue Bad Faith Action

Brett McIsaac v. Foremost Insurance Company Grand Rapids, Michigan, A160389 (Sonoma County Super. Ct. No. SCV-265433) (Filed 4/30/21; certified for publication 5/19/21) - McIsaac had an auto insurance policy with Foremost...more

Morris James LLP

Car Accident FAQs

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1. When should you hire a lawyer for a car accident? Most car accident victims would benefit from hiring a lawyer. A good personal injury lawyer can explain your legal rights and also give you practical, strategic advice...more

Weber Gallagher Simpson Stapleton Fires &...

Delaware Superior Court Addresses Whether UIM Benefits are Available to Parties that Live in the Same Household but are Unrelated...

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

Michigan Auto Law

Insurance Coverage For Michigan Food Delivery Drivers

Michigan Auto Law on

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

Searcy Denney Scarola Barnhart & Shipley

Florida Uninsured Motorist Coverage: Stacked vs. Unstacked

Uninsured motorist (UM) coverage is a component of an auto insurance policy that provides coverage for you, the policyholder, when you are involved in an accident with someone who does not have insurance. Underinsured...more

Womble Bond Dickinson

To Encourage Autonomous Vehicles in Your State Create a No-Fault Insurance Pool

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Legislators can become heroes. With one act of non-partisan legislation, your representatives could save thousands of lives, could boost the U.S. manufacturing economy, and could make all of our lives easier, safer, and...more

Carlton Fields

Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute

Carlton Fields on

The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and...more

White and Williams LLP

Despite No Privity of Contract, Indiana Appellate Court Holds Additional Insured with UIM Claim May Sue for Bad Faith

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Your friend invites you out to dinner. She offers to pick you up since your house is on the way. As you head toward the restaurant, your friend’s car is sideswiped by a driver who blew through a red light. You are seriously...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

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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

Searcy Denney Scarola Barnhart & Shipley

Hit and Run Accidents

Under Florida law, all drivers are required to stop at the scene when they are involved in an accident. Unfortunately, despite the criminal penalties for “leaving the scene of an accident,” hit and run accidents are common,...more

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