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JUSTICENTER

How Long Is an Insurance Check Good For?

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If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Limited Tort vs. Full Tort: Understanding Your Plaintiff’s Auto Insurance Coverage

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

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Marshall Dennehey

Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff

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Vaughan v. Williams, Slip Copy, 2024 WL 1231352 - The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant...more

Marshall Dennehey

Federal District Court in Florida Grants Summary Judgment for Insurer, Finding that Transportation Network Company’s Policy Did...

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Progressive Express Insurance Company v. Rasier-DC, LLC, 2024 WL 1831535 (S.D. Fla. Mar. 19, 2024) - The defendant insurance company brought a declaratory judgment action to determine whether the policy it wrote to a...more

Cozen O'Connor

Claims Notes - November 2024

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After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Marshall Dennehey

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

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Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Marshall Dennehey

Three Recent Third Circuit Decisions Underline Validity of Regular Use Exclusion and Household Vehicle Exclusion—under the...

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Eberly v. LM Gen. Ins. Co., No. 21-2995 (3d Cir. Aug. 1, 2024); Burton v. Progressive Adv. Ins. Co., No. 23-1574 (3d Cir. Aug. 6, 2024); and Mid-Century Ins. Co. v. Werley, No. 23-1822 (3d Cir. Sept. 5, 2024) - In Eberly v....more

Marshall Dennehey

Splitting the Road: Navigating Uninsured Motorist Coverage of Divorced Spouses

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Key Points: In Florida, a divorced or separated spouse of an auto insurance policyholder may be entitled to uninsured or underinsured motorist (UM) benefits under their former spouse’s auto policy....more

Cozen O'Connor

Claims Notes: September 2024

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Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Sands Anderson PC

Virginia’s New Bad Faith Law: What Insurers Need to Know

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On July 1, 2024, new Virginia Code § 8.01-66.1 became effective and created a new bad faith cause of action that can be significant for underinsured or uninsured (“UIM”) carriers....more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

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This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...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

Marshall Dennehey

Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts

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The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz. Major...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Rodemer Kane Attorneys at Law

Should I File a Claim With My Insurance if I’m Not at Fault for a Car Accident?

Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should...more

Rivkin Radler LLP

Insurance Update - April 2024

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Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more

Marshall Dennehey

Pennsylvania Supreme Court Confirms the Validity of ‘Regular Use Exclusions’

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Following the Pennsylvania Superior Court determination that “regular use exclusions” in UM/UIM policies violated the Motor Vehicle Financial Responsibility Law (MVFRL) in 2021, and in light of the post-Gallagher decisions,...more

Marshall Dennehey

Ohio Supreme Court Applies Contract Language to Determine if Permissive User Qualifies as an Insured Under a Personal Auto Policy.

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Acuity, A Mut. Ins. Co. v. Progressive Specialty Ins. Co., 2023-Ohio-3780 This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was...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

Morris James LLP

Understanding Car Insurance After an Accident

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Car accidents, unfortunately, are a common occurrence, and navigating the aftermath can be confusing and stressful. A vital part of this process involves understanding how car insurance works after an accident....more

Troutman Pepper Locke

Delaware Senate Passes Legislation That Would Ban the Use of Gender in Auto Insurance Premiums

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On April 5, 2022, the Delaware Senate narrowly passed Senate Bill 231 (the “Bill”), which would prohibit authorized insurers in Delaware from using gender, gender identity, or sex as a rating factor in personal automobile...more

Kennedys

Two New Jersey decisions provide guidance on policy reformation

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Reformation of an insurance policy is an equitable remedy that is rarely employed by the courts. Yet, in the rare circumstances when it may be applied, the remedy can throw a wrench into even the most well-developed coverage...more

BakerHostetler

Insurance Class Action Report 2021 First–Third Quarters

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Property and casualty class action activity has continued at a fast clip so far this year. More of the same claims – total loss, tag, tax and title, labor depreciation, diminished value, and medical payments – all garnered...more

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