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Insurance Litigation Motor Vehicles

Zelle  LLP

The Fifth Circuit Finds CGL’s Motorized Vehicles Endorsement to Preclude Coverage for Drag Racing

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In what perhaps is truly a “sign of the times,” the Fifth Circuit recently analyzed whether a Commercial General Liability (“CGL”) policy covered drag racing events. See Kinsale Insurance Company v. Flyin' Diesel Performance...more

White and Williams LLP

Following Precedent Forces Alabama Court to Follow Outdated Law

White and Williams LLP on

In Myers v. Alfa Mut. Ins. Co., No. CL-2024-0010, 2024 Ala. Civ. App. LEXIS 119, the Court of Civil Appeals of Alabama (Appeals Court) issued a per curium opinion addressing whether the trial court properly awarded damages...more

Marshall Dennehey

Is the Operator of a Low-Speed Electric Scooter a “Pedestrian” Under N.J.S.A. 39:6a-2(H) and Entitled to PIP Benefits?

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By way of background, on November 22, 2021, David Goyco was operating a Segway low-speed electric scooter (LSES), which has a maximum speed of 15.5 miles per hour, when he was struck by an automobile. As a result of the...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

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

Maison Law

How to Prove Liability in a California Car Accident Case

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Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....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

Houston Harbaugh, P.C.

Pennsylvania Superior Court: UM/UIM stacking waivers only need to be executed by the first named insured

Houston Harbaugh, P.C. on

On August 7, 2023, the Superior Court of Pennsylvania held that the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) only requires uninsured or underinsured motorist stacking waivers on an auto policy to be...more

Carlton Fields

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

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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

Marshall Dennehey

Regular Use Exclusion Lives—for Liability Claims, at Least

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Progressive’s insured, Frisbie, had been driving her brother’s vehicle for approximately a month while her own vehicle was experiencing mechanical issues. During this time, Frisbie had possession of her brother’s vehicle for...more

Woodruff Sawyer

Managing the Impact of Rising Auto Liability Claims Volatility

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Few aspects of casualty insurance pose greater challenges to corporate risk managers and liability insurance underwriters than catastrophic auto accidents. Increasing medical costs and vehicle repair costs, combined with...more

Woodruff Sawyer

Auto Thefts and Break-Ins Are on the Rise: What Can You Do?

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Someone steals a vehicle every 36 seconds in the US, according to a report by the National Insurance Crime Bureau (NICB). Nationwide theft data shows a marked increase in auto crime since 2019, with the pandemic, supply chain...more

Robinson+Cole Class Actions Insider

Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class Certification

Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in...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

Rumberger | Kirk

Automotive and Trucking Accidents in the U.S. with Foreign Defendants: What Insurers Need to Know

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Attorneys Mike Forte and Vince Saccomando discuss defense strategies for automotive and trucking accidents in the U.S. with both foreign and U.S. defendants. They outline what insurers should know in handling these claims...more

Rumberger | Kirk

Nuts and Bolts of Florida’s Seatbelt Defense

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Florida is a popular destination for vacations and second homes.  When a Canadian is involved in a car accident in Florida, blame can be placed on the other driver for failing to wear a seatbelt.  To prevail on the seatbelt...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

Michigan Auto Law

Is There a Way to Prove Marijuana-Impaired Driving in Michigan?

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There is no legal THC limit in Michigan to prove a person is guilty of marijuana-impaired driving. There is also not likely to be any limit to prove marijuana-impaired driving anytime soon. That’s because a legislatively...more

Carlton Fields

Common Sense Prevails Over Dictionary Definitions: Rolling Trash Bins Are Not ‘Vehicles’ Judge Explains

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A federal judge recently refused an insured’s attempt to escape a policy exclusion by contending that a large “storage bin” on wheels was a “vehicle” under an exception to the exclusion, which prohibited coverage for costs...more

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