Insurance Law

Recent Posts

Stupid Facts Make For Interesting Law – No Fault Auto Insurance is a Contract of Personal Indemnity
Posted on 26 Oct 2011 by Barry Zalma

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... Read More

Permissive User Not Intended Insured of Umbrella Policy – Only Coverage for Insured Person
Posted on 22 Jul 2014 by Barry Zalma

On October 10, 2010, Levina Rice suffered significant injuries as a passenger in a one-vehicle automobile accident in Bates County, Missouri. Rice’s son-in-law, Howard Wiebe, drove the vehicle, which was owned by Rice’s daughter and son-in... Read More

No Coverage For Participant In Drag Race
Posted on 13 Sep 2012 by Barry Zalma

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... Read More

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims
Posted on 2 Nov 2010 by Bullivant Houser Bailey PC

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which... Read More

Insurance Agent Secretly Adds Her Own Car To Client's Insurance Policy
Posted on 28 Oct 2013 by LexisNexis Insurance Law Newsroom Staff

The California Department of Insurance arrested Graciela Elena Paredes, aka, Graciela Elena Gaxiola, 36, of Corona, on October 17, 2013. Paredes was arrested on one felony count of insurance fraud for adding herself to a client’s auto insurance... Read More

It is Important to Honor Substance Over Form
Posted on 30 Apr 2012 by Barry Zalma

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... Read More

Eastern District of California Finds Policy Covering “Hired” and “Borrowed” Automobiles Does Not Cover Automobiles Driven By the Insured’s Contractual Partners
Posted on 11 Jun 2014 by Troutman Sanders

Travelers Prop. Cas. Co. of America v. LK Transportation, Inc. , 2014 U.S. Dist. LEXIS 33660 (E.D. Cal. Mar. 13, 2014), [ enhanced version available to subscribers ]. In LK Transportation , the district court found that “hired”... Read More

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year
Posted on 23 Feb 2012 by Randy J. Maniloff

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... Read More

Safeco Insurance Company Pays $900,000 Fine For Market Conduct Violations; Refunds More Than $3 million To Policyholders
Posted on 18 Nov 2013 by LexisNexis Insurance Law Newsroom Staff

Insurer agrees to end unapproved use of credit score analysis in underwriting and implement other business practice reforms California Insurance Commissioner Dave Jones has announced that Safeco Insurance Company has agreed to pay a $900,000 fine... Read More

The Need For a Causal Relationship: Arising Out of Use Required
Posted on 28 Apr 2014 by Barry Zalma

Uninsured and Underinsured motorist coverage protects against injuries arising out of the use of an automobile. Missouri, in Walden v. Smith and American Family Mutual Insurance , Court of Appeals of Missouri Western District, (April 15, 2014) [ enhanced... Read More

Blogs From the Advisory Board: The Wacky World of Uninsured and Underinsured Motorist Insurance
Posted on 17 Jun 2011 by Jeffrey E Thomas

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 the three-volume treatise Uninsured and Underinsured Motorist Insurance , I am a struck... Read More

Policy Limits Are Policy Limits – The Policy Says Only What It Says
Posted on 17 Oct 2011 by Barry Zalma

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... Read More

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World
Posted on 11 Sep 2012 by Randy J. Maniloff

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... Read More