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Insurance Litigation Insurance Claims Uninsured and Under-Insured Motorists

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

Cozen O'Connor

Claims Notes: April 2024

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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

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

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

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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

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

BakerHostetler

Insurance Class Action Quarterly Report - 2023 Q4

BakerHostetler on

The close of 2023 solidified trends in established class action theories and provided a glimpse of new theories to come. In the auto total loss valuation sphere, one that has seen a lot of action for many years,...more

Carlton Fields

Fifth Circuit Holds No Uninsured Motorist Coverage for Lyft Driver Following Crash

Carlton Fields on

In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Insurers Do Not Have to Provide Statutory UM/UIM Coverage to Injured Uber Eats Driver

In Malzberg v. Josey, 473 N.J. Super. 537 (App. Div. 2022), the Superior Court of New Jersey Appellate Division issued a published opinion finding that an insurer is not obligated to provide underinsured motorist coverage to...more

Chartwell Law

The New Jersey Insurance Fair Conduct Act: Thoughts on How Recent Cases Interpret and Define the Contours of the Act

Chartwell Law on

The $1.88 million jury verdict in a New Jersey underinsured motorist (“UIM”) claim, Kelley v. Massachusetts Bay Insurance Company, No. 19-cv-19037 (D. N.J. May 13, 2022) drew headlines in legal and insurance media recently....more

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.  However, attorney’s fees from the...more

Butler Weihmuller Katz Craig LLP

More Than One Collision, But How Many Accidents?

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

Butler Weihmuller Katz Craig LLP

The Markovits Decision: Considerations And Implications

Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement, the complaint is considered served on the insurer when process is served upon the statutory...more

Carlton Fields

Another Sentinel Strike: California District Court Dismisses Financial Elder Abuse and Fraud Claims

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The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision – this time in California in the rapidly developing area of financial elder...more

Dickinson Wright

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

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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

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