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Denial of Insurance Coverage Car Accident Auto Insurance

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

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

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

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

Wiley Rein LLP on

A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

Carlton Fields on

In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

Saul Ewing LLP

District of Colorado Denies Insurer's Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured...

Saul Ewing LLP on

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

Michigan Auto Law

Michigan No Fault Insurance Ruling Reversed

Michigan Auto Law on

Bazzi reversed. Innocent car accident victims protected. Bazzi v. Sentinel ruling stops auto insurance companies from automatically denying No-Fault benefits to blameless car crash victims based on fraud by an insured....more

Troutman Pepper

Pa. Superior Court Vacates Bad-Faith Insurance Verdict, Cautioning Against Industrywide Condemnations

Troutman Pepper on

In a highly anticipated decision, the Pennsylvania Superior Court vacated an eyebrow-raising $21 million award for an auto policyholder and found that the insurer did not act in bad faith....more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Dickinson Wright

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

Dickinson Wright on

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

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

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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

Pullman & Comley, LLC

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Pullman & Comley, LLC on

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

Carlton Fields

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

Carlton Fields on

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

Carlton Fields

Step-Up, Insurer! Your Step-Down Provision Is Not Triggered

Carlton Fields on

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

Carlton Fields

Sloppy Claims Handling Exposes Insurer to Bad Faith Claims

Carlton Fields on

A Geico insured, with a $10,000/$20,000 liability policy, was involved in a three-car collision resulting in the death and serious injury of two occupants in one of the vehicles. The insured reported the accident to Geico the...more

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