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Uninsured and Under-Insured Motorists Insurance Litigation Bodily Injury

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

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

Ward and Smith, P.A. on

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

Houston Harbaugh, P.C.

Third Circuit: Pennsylvania auto insurers need not obtain new UIM election forms when a new vehicle is added to an existing policy

Houston Harbaugh, P.C. on

On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...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

Weber Gallagher Simpson Stapleton Fires &...

Delaware Superior Court Addresses Whether UIM Benefits are Available to Parties that Live in the Same Household but are Unrelated...

On November 20, 2020, the Superior Court of Delaware confirmed that coverage denials that rely on plain policy language outlined in an automobile insurance policy’s Insuring Agreement, as opposed to a policy exclusion, are...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

Ward and Smith, P.A. on

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

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...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

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