Insurance Law Community Motor Vehicle Insurance

An Apple Can Never Be An Orange – Regular Use Exclusion Effective

zalma@zalma.com (Barry Zalma) — Tue, 30 Oct 2012 14:39:00 -0400

By Barry Zalma, Attorney and Consultant

Erie Insurance Exchange ("Erie") appealed to the Superior Court of Pennsylvania from the grant of summary judgment in favor of Patrick and Daryl Rother ("Mother") in a declaratory judgment action involving the applicability of the regularly used, non-owned vehicle exclusion in Mother's personal vehicle policy. In By Barry Zalma, Attorney and Consultant

"Chutzpah" - Filing Suit for Speed Contest Injuries

The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries caused by participation in such a dangerous risk. Every automobile liability insurance policy I have ever seen excludes the risk of loss. Corey T. Hines, A Minor

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World

maniloffr@whiteandwilliams.com (Randy J. Maniloff) — Tue, 11 Sep 2012 17:19:00 -0400

By Randy J. Maniloff, White and Williams, LLP

Will More Money Now, Err, Flo?

In my house, if my wife says something, and her mother agrees, then it is a fact. I could dig up Aristotle and even he couldn't convince that duo otherwise.

That is not unlike what happened to Progressive Insurance. If you are reading this then you likely took note of the firestorm that erupted after Matt Fisher's Tumblr post contained this, well, not so subtle, headline: "My Sister Paid Progressive Insurance

The Right to Stack UM Coverage Can Be Waived

zalma@zalma.com (Barry Zalma) — Mon, 27 Aug 2012 15:49:00 -0400

By Barry Zalma, Attorney and Consultant

People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle with their insurer. The Pennsylvania statutes allow an insured to waive the right to stack coverages and thereby generate a lower premium. In By Barry Zalma, Attorney and Consultant

In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass Insurance Company of America, No. 100 (Md. 04/25/2012) It serves only to identify the person who has authority to accept or waive certain types of coverage under a policy. Because Maryland statutes fail to define the phrase "first named insured" the highest court in Maryland was called

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year

maniloffr@whiteandwilliams.com (Randy J. Maniloff) — Wed, 22 Feb 2012 19:00:00 -0400

Randy J. Maniloff, White and Williams, LLP

I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put on the radio. And, voila, off I go.

By Barry Zalma, Attorney and Consultant

Insurance policies do not insure property. Insurance policies do not insure cars. Insurance policies, much to the surprise of the uninitiated, insure people against certain risks of loss specified in a policy. Therefore, if a person has an automobile insurance policy that insures under the Michigan no-fault statutes, the policy insures the person not the car identified in the policy.

Policy Limits Are Policy Limits – The Policy Says Only What It Says

zalma@zalma.com (Barry Zalma) — Mon, 17 Oct 2011 09:40:00 -0400

By Barry Zalma, Attorney and Consultant

Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis v. Travelers Property Casualty Company

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims

BullivantHouserBaileyPC2@placeholder.com (Bullivant Houser Bailey PC) — Thu, 11 Aug 2011 12:04:00 -0400

By John R. Bachofner, Shareholder, Bullivant Houser Bailey PC

The Oregon Court of Appeals has issued a decision in

By Jeffery Thomas, Associate Dean for Academic Affairs and Professor of Law at the University of Missouri - Kansas City

Having recently finished my annual update to

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims

BullivantHouserBaileyPC2@placeholder.com (Bullivant Houser Bailey PC) — Tue, 02 Nov 2010 16:05:00 -0400

John Bachofner, Shareholder, Bullivant Houser Bailey PC

Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims