Insurance Law

Recent Posts

Facts Rule Coverage – Pollution Exclusion Effective
Posted on 28 Jul 2014 by Barry Zalma

Insurers do not want to cover pollution under a basic automobile insurance policy. In their generosity they take on the liability of their insureds if, as a result of a collision or upset of an insured vehicle, some pollution occurs. That does not, however... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010
Posted on 29 Oct 2010 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635... Read More

Uninsured and Underinsured Motorist Insurance – New Appleman on Insurance Law Library Edition, Chapter 65
Posted on 19 Jan 2012 by Jeffrey E Thomas

By Jeffrey E. Thomas, Associate Dean and Professor of Law at the University of Missouri - Kansas City Uninsured and underinsured motorist insurance issues are among the most technical and complex in the area of automobile insurance. This chapter is... Read More

Physical Damage Coverage For Motor Vehicles (Collision, Comprehensive And Named-Perils Coverages) – New Appleman on Insurance Law Library Edition, Chapter 62
Posted on 10 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Andrew Janquitto, Partner, Mudd, Harrison & Burch, L.L.P Chapter 62 examines physical damage coverage for motor vehicles, which is a first-party insurance coverage designed to protect the insured vehicle from direct and accidental loss caused... Read More

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63
Posted on 12 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there... Read More

General Principles and Introductory Matters In Motor Vehicle Insurance Law – New Appleman on Insurance Law Library Edition, Chapter 61
Posted on 9 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Christopher J. Robinette, Associate Professor at the Widener University School of Law Chapter 61 provides an overview of automobile insurance law in the United States, including many matters that will be covered in greater detail in subsequent... Read More

No-Fault Insurance – New Appleman on Insurance Law Library Edition, Chapter 66
Posted on 20 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Eileen Swarbrick, Attorney Chapter 66 provides an in-depth discussion of no-fault insurance law. No-fault insurance refers to insurance for which an insured is compensated for economic losses no matter who is at fault in an accident. No-fault coverage... Read More

Medical Payments Coverage – New Appleman on Insurance Law Library Edition, Chapter 64
Posted on 17 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Donald M. Carley, Associate General Counsel, State Farm Mutual Automobile Insurance Company Chapter 64 provides an overview of one of the most overlooked coverages in the personal automobile insurance contract - the medical payments coverage. The... 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

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

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 lexis.com 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