News & Analysis as of

Uninsured and Under-Insured Motorists

Carlton Fields

Seventh Circuit Affirms Judgment Dismissing Bad Faith Claim Without Viable Breach of Contract Claim

Carlton Fields on

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

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

Cozen O'Connor on

In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

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

Maison Law

Uninsured Motorist Coverage in California: What You Need to Know

Maison Law on

It is a horrible feeling to get into an accident and then realize that the other driver is either not insured or is not insured enough to provide you with the reimbursement that you deserve. That is where uninsured and...more

Marshall Dennehey

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Marshall Dennehey on

Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...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

Court Denies UIM Coverage to Woman, Claiming ‘Family Member’ Status Through Daughter

Marshall Dennehey on

Miller v. USAA General Indemnity Company, No. 23-1934 (3d Cir. Jan. 7, 2025) - The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance...more

Carlton Fields

Seventh Circuit Holds Liability Carrier Did Not Act in Bad Faith by Paying Underinsured Motorist Benefits After Four Years of...

Carlton Fields on

In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied...more

Searcy Denney Scarola Barnhart & Shipley

How to Handle Accidents Involving Uninsured or Underinsured Drivers in Florida

Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers. In Florida, a state known for its high rate of uninsured motorists, understanding...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

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

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Marshall Dennehey

Uninsured Versus Underinsured? There is a Big Difference, and the Jury Should Know!

Marshall Dennehey on

GEICO General Insurance Company v. Tsao, Fla. 5th DCA, No. 5D2023-0645, December 6, 2024 - The Fifth District Court of Appeal reversed a jury trial verdict in favor of the plaintiffs/insureds in an underinsured motorist case...more

JUSTICENTER

Average Car Accident Settlement in California

JUSTICENTER on

Car accidents are a common occurrence in California. If you or a loved one has been injured in a car accident, you may be wondering how much you can expect to receive in a potential car accident settlement. The average car...more

Segal McCambridge

Segal McCambridge Secures Favorable Ruling on Rescission and Bodily Injury Benefits in the Michigan Court of Appeals

Segal McCambridge on

The dispute arose when USA Underwriters rescinded an auto insurance policy due to material misrepresentation, rendering the policy void ab initio (from inception). Another insurance company, acting as the uninsured motorist...more

Marshall Dennehey

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

Marshall Dennehey on

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

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

Marshall Dennehey on

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

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

Marshall Dennehey

Southern District of Florida Punitively Enforces Discovery Schedule Against Insurance Company in an Uninsured Motorist Action

Marshall Dennehey on

Morgan v. Standard Fire Insurance Company, 2024 WL 2782167 (S.D. Fla. Apr. 22, 2024) - Though this case involves a fairly straightforward issue of a plaintiff pursuing uninsured motorist insurance benefits from her own...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

Maison Law on

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

Marshall Dennehey

Splitting the Road: Navigating Uninsured Motorist Coverage of Divorced Spouses

Marshall Dennehey on

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

Sands Anderson PC

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

Sands Anderson PC on

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

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

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

Cozen O'Connor

Claims Notes: April 2024

Cozen O'Connor on

Some jurisdictions consider the ISO-form "bodily injury" definition to be ambiguous as to whether emotional distress requires physical harm to be bodily injury. Many insurers have amended bodily injury to expressly require a...more

Jaburg Wilk

Arizona Court of Appeals Confirms UM/UIM Statute of Limitations

Jaburg Wilk on

The Insurer issued an Auto Policy and an Umbrella Policy. The Auto Policy provided $100,000 of UIM coverage and the Umbrella Policy provided $2,000,000 of UIM coverage. Just like ARS § 12-555(C)(2),the Auto Policy barred UIM...more

176 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide